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| Jones v. Estep, No. 06-1248,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, March 2, 2007, Filed
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Overview: A COA was denied because after review, the appeals court concluded that the district court's resolution of petitioner's claims was not reasonably debatable.
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| Kee v. Ahlm, No. 06-2088,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, March 2, 2007, Filed
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Overview: In bar patron's § 1983 action, denial of officer's Fed. R. Civ. P. 50(b) motion as to wrongful arrest claim was reversed because district court erroneously considered the existence of probable cause from the perspective of patron, rather than from the perspective of a reasonable officer. A new trial as to damages was required on remaining claim.
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| Negley v. Breads of the World Med. Plan, No. 05-1415,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, March 2, 2007, Filed
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Overview: Judgment as a matter of law was properly granted to an employer and a medical plan because an award of damages for lost medical benefits was not an available form of ERISA relief under 29 U.S.C.S. § 1132(a)(3), and the employee's claims for alternative equitable remedies, reformation and an order making his enrollment retroactive, likewise failed.
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| Robinson-Bey v. Feketee, No. 06-3326,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, March 2, 2007, Filed
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Overview: Because 28 U.S.C.S. § 2680(c) did not waive the U.S.'s sovereign immunity for any claim arising in respect of the detention of any goods, merchandise, or other property by any law enforcement officer, the district court correctly granted the prison officials' motion to dismiss the inmate's FTCA claim for lost or stolen property in their possession.
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| United States v. Gilbreath, No. 06-6269,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, March 2, 2007, Filed
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Overview: Defendant failed to rebut the presumption of reasonableness accorded to his within-Guideline-range sentence to 108 months' imprisonment for possessing a firearm, knowing or having reasonable cause to believe it was stolen, and the sentence was reasonable in light of all the 18 U.S.C.S. § 3553(a) factors.
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| United States v. Rodriguez-Delgado, No. 06-2338,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, March 2, 2007, Filed
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Overview: Motion to enforce appeal waiver in defendant's plea agreement was granted because defendant's reference to his legal representation gave no indication that his objection related to ineffective assistance of counsel in connection with negotiation of the appeal waiver, and challenge to counsel's performance had to be brought under 28 U.S.C.S. § 2255.
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| United States v. Tiller, No. 06-3230,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, March 2, 2007, Filed
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Overview: Court dismissed defendant's appeal from sentence for violation of federal supervised release, which was ordered to be served consecutively to defendant's state sentence, because the district court fully addressed the relevant sentencing factors provided in 18 U.S.C.S. § 3553(a) and sentence was in accordance with policy statement USSG § 7B1.3(f).
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| United States v. Zepeda-Lopez, No. 05-4246,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, March 2, 2007, Filed
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Overview: Agent's lay opinion as to defendant's voice and image in video and audio tapes was admissible under Fed. R. Evid. 701(b) as part of the government's case-in-chief to help the jury to determine whether prosecution met its burden of proving that defendant was guilty of being a member of a methamphetamine conspiracy in violation of 21 U.S.C.S. § 846.
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