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| Ba v. Gonzales, No. 04-9579,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, March 16, 2007, Filed
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Overview: IJ, in relying on only general statements as indicators of changed country conditions and ignoring evidence more specifically applicable to the alien, failed to conduct the individualized review that was required. Thus, substantial evidence did not support the IJ's denial of the alien's application for asylum under 8 U.S.C.S. § 1158.
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| DIRECTV, Inc. v. Crespin, Nos. 04-1385 & 05-1027,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, March 16, 2007, Filed
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Overview: Unlike 18 U.S.C.S. § 2511(1)(a), 47 U.S.C.S. § 605(a) did not have an intent requirement. Thus, there was nothing inconsistent in the jury's finding that the attorney received unauthorized transmissions in violation of § 605(a) for his own benefit but did not deliberately and purposefully intercept such transmissions in violation of § 2511(1)(a).
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| Freeman v. Watkins, No. 06-1394,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, March 16, 2007, Filed
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Overview: Court of appeals vacated the district court's judgment dismissing an inmate's action under 42 U.S.C.S. § 1983 for failure to show that he exhausted his administrative remedies on all his claims because the U.S. Supreme Court's decision in Jones v. Bock, Warden, had overruled Tenth Circuit precedent and complete exhaustion was no longer required.
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| Public Serv. Co. v. Bd. of County Comm'rs, No. 05-1295 & 05-1321,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, March 16, 2007, Filed
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Overview: Action in which a utility company sought to enjoin a mining company from interfering with the utility company's pipeline easement was rendered moot by a settlement agreement that expanded the easement and granted the utility company rights necessary to restrict heavy equipment from moving over a penstock that passed under the mining company's land.
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| United States v. Archuleta, No. 06-2217,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, March 16, 2007, Filed
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Overview: District court did not err in denying defendant's motion to suppress evidence seized from his home and vehicle because, even omitting a statement that defendant was uncooperative and replacing it with information suggested by defendant, affidavit still provided probable cause for issuance of search warrant in accordance with the Fourth Amendment.
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| United States v. Crabb, No. 06-2219,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, March 16, 2007, Filed
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Overview: Where a woman invited officers to search for defendant inside defendant's house, the warrantless search did not violate the Fourth Amendment because the woman had apparent authority to consent to the search where it was reasonable for the officers to believe that the defendant and the woman were still romantically involved and still lived together.
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| United States v. Montgomery, No. 06-4292,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, March 16, 2007, Filed
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Overview: Because the issue raised by defendant in his civil case was more properly before the court in his criminal appeal, his civil appeal was dismissed.
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| United States v. Ramirez, Nos. 05-4099, 05-4103, 05-4108, 05-4111, & 04-4305,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, March 16, 2007, Filed
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Overview: Although district court erred when it admitted two receipts Government agents found on one of four defendants who were tried together on drug charges, which showed that he purchased two cellular phones, the error was harmless because other evidence the Government introduced was sufficient to sustain defendant's conviction.
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| United States v. Triplett, No. 06-3249,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, March 16, 2007, Filed
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Overview: Applying the factors in United States v. Hahn, the court concluded that defendant waived his right to appeal and that his contrary arguments were without merit.
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