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| United States v. Pastrana-Escalante, No. 06-1090,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, March 14, 2007, Filed
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Overview: Defendant's appeal from his USSG sentence was dismissed because court lacked jurisdiction to review denial of defendant's motion for downward departure as the district court unambiguously stated it had discretion to grant the requested downward departure but declined to do so, and court would not consider ineffective assistance of counsel claim.
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| United States v. Pennington, No. 06-6335,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, March 14, 2007, Filed
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Overview: Inmate could not overcome the procedural bar to her 28 U.S.C.S. § 2255 motion with claims of ineffective assistance of counsel since counsel's failure to object to the enhancement of her sentence with facts found only by a preponderance of the evidence did not constitute ineffective assistance where Booker was not retroactive on collateral review.
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| West v. Keef, No. 05-6353,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, March 14, 2007, Filed
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Overview: Judgment against plaintiff detainee on her § 1983 claims was affirmed; 911 statements by plaintiff's son that his mother was "going crazy" and that she was "trying to kill herself" were sufficient to justify the warrantless entry, and once inside, the officers' own observations confirmed the son's fears and justified the warrantless seizure.
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| Zampedri v. Utah, No. 06-4223,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, March 14, 2007, Filed
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Overview: A COA was denied because petitioner procedurally defaulted his claims by not raising them in the state courts and his actual innocence claim failed because he failed to present evidence that made it more likely than not that no reasonable juror would have convicted him.
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