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| Bastible v. Weyerhaeuser Co., No. 05-7037, No. 05-7038, No. 05-7039,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 13, 2006, Filed
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Overview: Okla. Stat. Ann. tit. 21, § 1290.22 (2002) was constitutional under Okla. Const. art. 2, § 26 because there was no absolute common-law or constitutional right to carry loaded weapons at all times and under all circumstances; therefore, employers were allowed to terminate employees who had weapons in their vehicles.
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| Carpenter v. Tom Brown, Inc., No. 05-8030,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 13, 2006, Filed
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Overview: The dismissal of a negligence action was affirmed because, under Colo. Rev. Stat. § 8-41-401(1)(a), (b), an oil well owner was a statutory employer and immune from suit, even though only the employer's subcontracting work in Colorado along with a worker's three-day presence at the job site interrupted his otherwise continuous Wyoming employment.
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| Foster v. Ruhrpumpen, Inc., No. 05-5017,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 13, 2006, Filed
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Overview: An employer was entitled to summary judgment as to applicants' ADEA claims because the employer stated that it selected the most qualified employees and the applicants failed to establish pretext based on a president's isolated and ambiguous age-related remark and statistical evidence that did not show a significant disparity.
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| Prevatte v. Gunja, No. 05-1332,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 13, 2006, Filed
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Overview: Inmate was properly denied relief under 28 U.S.C.S. § 2241 where he could not show actual innocence, as nexus to interstate commerce required by 18 U.S.C.S. § 844(i) was met, because the inmate's bombing punctured a gas meter, which had a function tied to commerce.
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| Sims v. Snedeker, No. 05-2190,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 13, 2006, Filed
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Overview: Where an inmate filed a state habeas petition in October 2004 and a federal habeas petition in January 2005, his federal petition was properly dismissed for failure to exhaust state court remedies because the state petition was still pending and he did not provide any showing of substantial delay under 28 U.S.C.S. § 2254(b)(1)(B).
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| United States v. Martinez-Garcia, No. 05-4152,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 13, 2006, Filed
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Overview: A 10-year sentence for narcotics and firearms offenses was affirmed because it did not violate the Eighth Amendment since it was required by 18 U.S.C.S. § 924(c) and 21 U.S.C.S. § 844(a) and was not grossly disproportionate to defendant's crimes, and because Booker was inapplicable since defendant was sentenced under a statutory mandatory minimum.
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| United States v. Wright, No. 05-5022,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 13, 2006, Filed
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Overview: Defendant's sentence as an armed career criminal under the Armed Career Criminal Act, 18 U.S.C.S. § 924(e), was affirmed because, in his plea colloquy, defendant admitted facts necessary to establish that his prior commercial burglary conviction under N.M. Stat. Ann. § 30-16-3(B) involved entry of a building or structure.
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