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   Federal Courts - 10th Circuit Court of Appeals - February 23, 2006

  
Basnet v. Gonzales, No. 03-9551, UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 23, 2006, Filed
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Overview: BIA's adverse credibility findings in an asylum case were not supported by substantial evidence; nothing in the record or common sense showed that an alien should have been able to identify callers who had threatened his life, and BIA's explanation of its rejection of other testimony was vague.

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Reed v. Mineta, No. 05-1057, UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 23, 2006, Filed
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Overview: The district court applied an erroneous legal standard in its decision to calculate prejudgment interest on a former employee's entire back pay award under Title VII as of the date of his termination, instead of calculating it incrementally as his wages were earned but unpaid from the date of his termination through entry of judgment.

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Robbins v. United States BLM, No. 05-8087, UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 23, 2006, Filed
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Overview: Property owner's claim that the voiding of the settlement agreement violated his Fifth Amendment procedural due process rights failed because he failed to point to any provision of the agreement that granted him a substantive, rather than procedural, benefit. Thus, he failed to establish that he had a protected property interest in the agreement.

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United States v. Banda, No. 05-3234, UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 23, 2006, Filed
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Overview: Court affirmed defendant's 150-month sentence, imposed on remand, for having violated 21 U.S.C.S. §§ 841 and 846; the district court properly considered hearsay evidence when determining what drug quantity was attributable to defendant, and no jury finding concerning drug quantity was necessary.

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United States v. Brothers, No. 05-5062, UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 23, 2006, Filed
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Overview: The district court did not err in dismissing a juror for cause under Fed. R. Crim. P. 24(c), after she claimed that she could not concentrate due to traumatic experiences in her past, because such a reason was sufficient cause for dismissal, and there was no indication that replacing her resulted in a biased jury or an otherwise unfair trial.

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Zuni Pub. Sch. Dist. No. 89 v. United States Dep't of Edu., No. 01-9541, UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 23, 2006, Filed
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