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| Aguilar v. Peterson, No. 04-6376,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, March 2, 2006, Filed
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Overview: The dismissal of a 28 U.S.C.S. § 2241 habeas corpus petition was affirmed because an inmate was appropriately denied credit under 18 U.S.C.S. § 3585 for the time he served in state prison on a state conviction since his federal sentence did not begin to run until he was returned to federal custody to begin serving his federal sentence.
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| Anaeme v. Florida, No. 05-2051,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, March 2, 2006, Filed
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Overview: Where all of the alleged events that gave rise to appellant's civil rights claims under 42 U.S.C.S. §§ 1981, 1983, and 1985, occurred in Florida, and defendants all were residents of, or business or government entities in, Florida, district court properly dismissed appellant's lawsuit without prejudice under 28 U.S.C.S. § 1391 for lack of venue.
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| D.C.W. v. Whaley, No. 05-4034,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, March 2, 2006, Filed
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Overview: Tribe members waived their right to appeal the substance of a district court's ruling that it lacked jurisdiction over their action for injunctive relief against grandparents of a child and its denial of their motion to reconsider because the members addressed only the merits of the underlying dispute and failed to raise substantive arguments.
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| Estate of Daramola v. Coastal Mart, Inc., No. 04-1016,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, March 2, 2006, Filed
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Overview: Although an employer's pre-discharge investigation of inventory losses and under-reported sales at employee's store could have been more thorough, employer's reliance on daily sales sheets rather than other sources was not so "idiosyncratic or questionable" that it supported an inference of pretext in a lawsuit brought under 42 U.S.C.S. § 1981.
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| Garcia v. Lemaster, No. 04-2280,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, March 2, 2006, Filed
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Overview: The claims of a New Mexico prisoner incarcerated in California pursuant to the Interstate Corrections Compact (ICC) were dismissed because, inter alia, his claims regarding his treatment in the California prison could only be addressed by California officials, not New Mexico officials; also, the ICC did not create a protected liberty interest.
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| Shipley v. IRS, No. 05-3273,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, March 2, 2006, Filed
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Overview: A taxpayer's action under 26 U.S.C.S. § 7433 alleging that the IRS fraudulently collected all of his social security payments was properly dismissed for lack of subject matter jurisdiction because it was filed more than two years after the commencement of the levy against the social security checks.
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| United States v. Laughrin, No. 04-2207,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, March 2, 2006, Filed
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Overview: The district court erred in not suppressing a gun discovered during a traffic stop because the officer's knowledge that the defendant had driven on a suspended license at least 22 weeks earlier was not sufficient to create reasonable suspicion under the Fourth Amendment that he was driving without a valid license on the day of the stop.
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| Williams v. Gallegos, No. 05-3346,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, March 2, 2006, Filed
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Overview: The dismissal of a 28 U.S.C.S. § 2241 habeas corpus petition was remanded for dismissal for lack of jurisdiction because, since an inmate was attacking the legality of his sentence and did not demonstrate that his remedy under 28 U.S.C.S. § 2255 was inadequate or ineffective, § 2255 was his exclusive remedy.
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| Yong Ting Yan v. Gonzales, No. 05-9564,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, March 2, 2006, Filed
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Overview: The court reversed and the remanded an asylum case because neither reason that the IJ gave for disbelieving petitioner's testimony concerning his persecution as a Chinese Christian --that he was not truly committed to the faith and that the Chinese government would not have persecuted a small church --was supported by substantial evidence.
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