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   Federal Courts - 10th Circuit Court of Appeals - March 15, 2006

  
Chuculate v. Barnhart, No. 05-7045, UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, March 15, 2006, Filed
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Overview: Although two arguments of plaintiff were rejected, the court agreed that the vocational expert (VE) omitted an impairment in her response, and that the ALJ should have verified that the VE meant to identify jobs that plaintiff was able to do with the exact residual functional capacity the ALJ found plaintiff to have, and a remand was ordered.

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Gauthier v. Higgins, No. 05-5138, UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, March 15, 2006, Filed
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Overview: A request for a COA under 28 U.S.C.S. § 2253(c)(2) to challenge the dismissal of a habeas petition was denied because the petition was untimely under 28 U.S.C.S. § 2244(d) since an inmate's argument that the limitations period did not begin running until he was able to pay for the transcripts of his state court proceedings was rejected.

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Quick v. Mann, No. 05-7102, UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, March 15, 2006, Filed
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Overview: The dismissal pursuant to 28 U.S.C.S. § 1915(e) of an inmate's 42 U.S.C.S. § 1983 complaint was affirmed because an inmate did not have a constitutional right to be housed with his son, despite his dependence on his son due to his blindness, and his other claims failed to implicate a warden's advisor or they were too vague and conclusory.

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United States v. Castano, No. 05-7040, UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, March 15, 2006, Filed
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Overview: Court of appeals found that defendant knowingly and voluntarily waived his right to appeal sentence of 211 months' imprisonment which district court imposed after he pled guilty to violating 21 U.S.C.S. § 846, 18 U.S.C.S. § 922(g)(1), and 18 U.S.C.S. § 924(c)(1)(A), and it granted his counsel's motion to withdraw and dismissed defendant's appeal.

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United States v. Walton, No. 05-3414, UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, March 15, 2006, Filed
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Overview: A request for a certificate of appealability pursuant to 28 U.S.C.S. § 2253(c)(2) to challenge the denial of a 28 U.S.C.S. § 2255 motion was denied because neither Blakely nor Booker applied retroactively to an inmate's case, which became final prior to the issuance of both decisions.

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