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| Baldwin v. Barnhart, No. 02-5117,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 14, 2006, Filed
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Overview: ALJ who heard a claimant's appeal from a decision denying her claim seeking SSI benefits for a disabling back problem did not err when he decided not to consider the claimant's description of problems she had using her hands as a symptom of her disability because the claimant did not present medical evidence which supported her description.
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| Madyun Abdulhaseeb v. Hargett, No. 05-7051,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 14, 2006, Filed
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Overview: Where an inmate's 28 U.S.C.S. § 455 motion for recusal did not cite a single manifestation, other than rulings in the case, of the trial judge's allegedly biased views, the district court properly denied it. The inmate's motion to dismiss his counsel only listed his reasons for dissatisfaction; the district court did not err in denying the motion.
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| Pippin v. Burlington Res. Oil & Gas Co., No. 04-2157,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 14, 2006, Filed
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Overview: Employer was granted summary judgment on employee's disparate impact age discrimination claim based on reasonable factors other than age defense under 29 U.S.C.S. § 623(f)(1), as corporate restructuring, performance-based evaluations, retention decisions based on needed skills, and recruiting concerns were all reasonable business considerations.
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| United States v. Hernandez-Rodriguez, No. 05-1267,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 14, 2006, Filed
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Overview: Court of appeals found that district court carefully considered defendant's criminal history, the USSG, and factors listed in 18 U.S.C.S. § 3553(a) before it sentenced defendant to 70 months' imprisonment for unlawfully reentering U.S. after he was deported, in violation of 8 U.S.C.S. § 1326, and it affirmed sentence which district court imposed.
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| United States v. Hughes, No. 05-3271,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 14, 2006, Filed
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Overview: Where district court stated that, but for defendant's head injury, it would have sentenced him at the high end of the U.S. Sentencing Guidelines Manual range or even imposed an upward departure, and the district court described its consideration of the 18 U.S.C.S. § 3553(a) factors, defendant's 15-month sentence for escape was not unreasonable.
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| United States v. Price, No. 05-5177,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 14, 2006, Filed
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Overview: Defendant's motion for a reduction of his sentence on drug charges was properly denied because, even if Booker could have been read to be an implicit lowering of his sentencing range, 18 U.S.C.S. § 3582(c)(2) only expressly allowed a reduction where the sentencing commission, not the United States Supreme Court, lowered the range.
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| United States v. Bowen, No. 04-4314,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 15, 2006, Filed
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Overview: The evidence was sufficient to convict defendant of possession of methamphetamine with the intent to distribute, in violation of 21 U.S.C.S. § 841(a)(1), where defendant as a passenger acted extremely nervous, moved his hands, and was found with zip lock bags in his pocket with the same stamp as a bag found in the car along with methamphetamine.
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| United States v. Childress, No. 04-6357,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 15, 2006, Filed
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Overview: Court of appeals affirmed district court's judgment sentencing defendant who pled guilty to violating 18 U.S.C.S. § 922 and 21 U.S.C.S. § 843 to 168 months' imprisonment because defendant did not object to facts that appeared in a presentence report before she was sentenced and she did not meet her burden of showing plain error on appeal.
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| Wesley v. Snedeker, No. 05-2179,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 15, 2006, Filed
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Overview: An inmate was granted a limited remand of the denial of his 28 U.S.C.S. § 2254 habeas petition for a determination of exhaustion and procedural bar because he presented documents indicating, contrary to the State's representation, that he did file a certiorari petition with the state supreme court after his direct appeal.
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