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| Aquilar-Avellaveda v. Terrell, No. 06-3334,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, March 5, 2007, Filed
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Overview: In light of the U.S. Supreme Court's decision in Jones v. Bock that the exhaustion requirement under 42 U.S.C.S. § 1997e(a) was an affirmative defense, not a pleading requirement, a district court erred when it required a prisoner to supplement his complaint and dismissed the complaint for failure to exhaust.
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| Qwest Corp. v. PUC of Colo., No. 06-1132, No. 06-4021,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, March 5, 2007, Filed
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Overview: Switching was unmistakably related to the physical connection of two networks. Accordingly, agreements-such as the service agreement between the corporation and the LLC, which permitted ongoing access to an ILEC's switches, were interconnection agreements that had to be filed under 47 U.S.C.S. § 252.
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| United States v. Curls, No. 06-5124,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, March 5, 2007, Filed
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Overview: Defendant's motion to suppress the firearm and ammunition discovered in his car was properly denied where the officers' request for his consent to search the car did not constitute an interrogation requiring the Miranda warnings, and defendant consented to the search of the car.
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| United States v. Jarrillo-Luna, No. 05-4262,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, March 5, 2007, Filed
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Overview: A district court sufficiently met the requirement of giving reasons for choosing its sentence by making it clear that it had considered whether the guideline sentence actually conformed to the factors under 18 U.S.C.S. § 3553(a); it was not necessary for the district court to explain why it rejected defendant's arguments for leniency.
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