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| United States v. Grimmett, No. 05-3030,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, March 10, 2006, Filed
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Overview: Court found that probable cause existed for the issuance of a search warrant that directed law enforcement officers to seize computer equipment, computer storage devices, and various items that related to the use of the computer equipment, as well as a variety of other media that contained depictions of minors engaged in sexually explicit conduct.
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| United States v. Montgomery, No. 04-4193,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, March 10, 2006, Filed
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Overview: Where trial court treated U.S. Sentencing Guidelines Manual as mandatory, and court believed it was barred from departing upward from the Guidelines range, and it had originally imposed an upward departure, and it finally imposed a sentence at the top of the Guidelines range, court's nonconstitutional Booker error was not harmless.
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| Gauntlett v. Cunningham, No. 05-6065,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, March 13, 2006, Filed
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Overview: Denial of habeas petition was affirmed because the accused did not meet one of the three narrow exceptions to Younger abstention, nor had the state court sua sponte stayed the criminal proceedings to allow a federal court to resolve a statute of limitations issue, despite several continuances of the trial by agreement of the parties.
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| Steinert v. Winn Group, Inc., No. 04-3392,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, March 13, 2006, Filed
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Overview: Attorney's fee award against a plaintiff's attorney under 28 U.S.C.S. § 1927 was mostly affirmed because the attorneys' decision to proceed with federal civil rights claims when no clear legal basis supported them unnecessarily multiplied the proceedings, and the attorney's requested extensions multiplied the proceedings by approximately 495 days.
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