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| Metzger v. Unum Life Ins. Co. of Am., No. 06-3064,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 21, 2007, Filed
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Overview: The court agreed with the district court that an ERISA claims administrator acted in accordance with 29 C.F.R. § 2560.503-1(h)(2)(iii) by providing a claimant with reports of the appeal-level reviewers after the administrator made its final decision on appeal. The claimant waived her challenge to the substantive ground for denial of her claim.
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| United States v. Crawford, No. 06-5203,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 21, 2007, Filed
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Overview: Conviction for violation of 18 U.S.C.S. § 922(g)(1) was remanded for sentencing because district court erroneously asserted that it did not have power to impose a concurrent sentence as defendant had not yet been sentenced on pending state charges. Under the holding in United States v. Williams, district court could order concurrent sentences.
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| United States v. Jackson, No. 06-1246,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 21, 2007, Filed
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Overview: Officers' testimony that they saw defendant throw or drop a silver object when he tried to jump a fence and that a handgun was found near the location where he jumped, along with the corroboration of an independent witness, was sufficient to support a jury's conviction of 18 U.S.C.S. § 922(g)(1).
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| United States v. James, No. 06-7072,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 21, 2007, Filed
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Overview: There was no abuse of discretion in admitting evidence that a shotgun pawned by defendant was stolen. The "other acts" evidence was admissible under Fed. R. Evid. 404(b) as part of the "res gestae," and its probative value outweighed its prejudicial effect. Also, there was no error in not giving a limiting instruction that was not requested.
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| United States v. Sims, No. 06-3332,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 21, 2007, Filed
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Overview: Because defendant had only one qualifying prior conviction, the district court used an incorrect base offense level in sentencing him, raising the possibility that his sentence would have been lower, and thus, the district court's denial of defendant's 28 U.S.C.S. § 2255 motion was reversed and the case was remanded for resentencing.
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| United States v. Torres-Laranega, No. 05-2302,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 21, 2007, Filed
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Overview: Conviction under "drug kingpin" statute, 21 U.S.C.S. § 848(a), was affirmed because evidence of volume of marijuana under defendant's control, prior successful drug runs, assets he possessed, and money he expended in aid of the enterprise showed that defendant himself obtained substantial income or resources from a continuing series of violations.
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