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| Adair Group, Inc. v. St. Paul Fire & Marine Ins. Co., No. 05-1350,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 26, 2007, Filed
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Overview: An insurer was properly granted summary judgment in a coverage dispute because, under a contractor's commercial general liability insurance policy, poor workmanship constituting a breach of contract was not a covered occurrence. Deficient performance of the subcontractors was not in itself an event triggering application of the insurance policy.
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| Pisciotta v. Astrue, No. 05-3339,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 26, 2007, Filed
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Overview: Record provided substantial evidence to support the ALJ's finding that the treating psychiatrist's opinions concerning the claimant's residual functional capacity were not controlling since the treating psychiatrist's opinions were unsupported and inconsistent with the remainder of the evidence and the opinions of other doctors and teachers.
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| United States v. Roblero-Mejia, No. 06-8066,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 26, 2007, Filed
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Overview: Denial of motion to suppress was affirmed because, on appeal, defendant only challenged one of two alternative rationales for district court's holding that trooper had probable cause under Fourth Amendment to arrest defendant. Defendant was not entitled to relief because the judgment was supported by an alternative, unchallenged justification.
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| United States v. Ruiz-Terrazas, No. 06-2138,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 26, 2007, Filed
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Overview: Defendant's sentence within the U.S.S.G. range was reasonable in light of the advisory Guidelines range, the 18 U.S.C.S. § 3553(a) factors, and defendant's extensive criminal history, and the district court's general statements in support of the sentence were appropriate given that the sentence fell within the ranges suggested by the U.S.S.G.
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| United States v. Sandoval, No. 04-2323,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 26, 2007, Filed
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Overview: Government's motion to enforce a plea agreement was granted because defendant knowingly and voluntarily waived his right to appeal, including the conditions of supervised-release because although not specified in the agreement, he did not need to know with specificity the result he forfeited before his waiver was valid.
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| United States v. Sandoval, No. 05-2397,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 26, 2007, Filed
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Overview: Defendant, who challenged two sentences on the ground that some of his special conditions of release were unlawful, could not succeed on appeal of second sentence after court upheld first sentence. Defendant presented no argument for distinguishing his grounds for appeal in the first case from his grounds in the second case.
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| United States v. Triana, No. 06-7054,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 26, 2007, Filed
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Overview: The evidence that defendant admitted that she purchased the guns, that she had rented the car in which they were found, and that she told police officers that there was a gun under the seat of the car was sufficient to convict defendant of possession of a firearm in furtherance of a drug trafficking crime in violation of 18 U.S.C.S. § 924(c)(1)(A).
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| Zamora v. Elite Logistics, Inc., No. 04-3205,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, February 26, 2007, Filed
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Overview: Employer's summary judgment on 42 U.S.C.S. § 2000e-2(a)(1) claims was affirmed because, on rehearing en banc, court was evenly divided concerning creation of triable fact as to whether employer's stated reason for requiring production of work authorization documents--avoiding INS sanctions--was a pretext for race and national origin discrimination.
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