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| Smith v. Cowman, No. 06-3272,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, March 1, 2007, Filed
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Overview: Decision affirming dismissal of prisoner's 42 U.S.C.S. § 1983 claim against prison officials pursuant to 42 U.S.C.S. § 1997e was vacated and remanded because, following the U.S. Supreme Court's decision in Jones v. Bock, prison officials had the burden to show as an affirmative defense that the prisoner did not exhaust his administrative remedies.
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| United States v. Brunton, No. 05-6257,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, March 1, 2007, Filed
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Overview: Defendant's appeal from sentence imposed after his plea to mail fraud under 18 U.S.C.S. § 1341, which claimed that error in calculating losses to victims resulted in excessive sentence, was dismissed because the appeal fell within the scope of defendant's appellate waiver, and the district court did not clearly err in calculating the actual losses.
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| United States v. Jameson, No. 05-4260,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, March 1, 2007, Filed
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Overview: Admission of testimony concerning the existence of a bayonet did not require the court to grant a mistrial since the testimony did not impair defendant's right to a fair and impartial trial where there was sufficient evidence to find that he possessed the pistol, and that he was guilty of being a felon in possession, regardless of the testimony.
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| United States v. Sells, Nos. 04-7061 & 04-7072,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, March 1, 2007, Filed
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Overview: A defendant's convictions and sentence were affirmed because there was no basis to bind the federal government to his state plea agreement, the evidence regarding his participation in a drug conspiracy with his father was sufficient to convict, the admission of irrelevant evidence was harmless error, and Booker sentencing errors were harmless.
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| United States v. Traxler, No. 05-2370, No. 06-2179,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, March 1, 2007, Filed
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Overview: Defendant's sentence on drug-related charge was proper because sentencing judge's reference to the Apostle Paul did not impermissibly inject religion into the sentencing process or violate defendant's due process rights protected by the Fifth Amendment. The judge's personal religious views were not a factor in sentence at the bottom of USSG range.
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