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| Halpin v. Simmons, No. 06-3034,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, March 19, 2007, Filed
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Overview: Because a district court denied a prisoner's motion to amend his complaint on grounds that he had not exhausted his administrative remedies on the claims he wished to add, as was required at the time, the denial was vacated and the motion was remanded for reconsideration in light of the U.S. Supreme Court's recent decision in Bock v. Jones.
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| Jencks v. Modern Woodmen of Am., No. 05-5130,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, March 19, 2007, Filed
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Overview: Summary judgment was properly granted to a former employer on a retaliation claim based on a refusal to hire an employee after settling her prior Title VII action; the employee failed to point to facts that would have allowed a reasonable fact-finder to infer that the employer did not rely on the parties' agreement in deciding to reject her.
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| Knight v. Knight, No. 06-8041,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, March 19, 2007, Filed
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Overview: Land claimant's motion, construed as a motion under Fed. R. Civ. P. 60(b), was properly dismissed because it was untimely, having been filed over a year after dismissal of his case was affirmed on appeal, and fraud claims asserted in the motion merely evidenced the claimant's disagreement with the legal arguments of opposing counsel.
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| Starr v. Workman, No. 06-7066,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, March 19, 2007, Filed
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Overview: Because the court agreed with the district court's resolution of petitioner's habeas petition, its dismissal order was not reasonably debatable, and petitioner failed to make a sufficient showing that he was entitled to COA, the court denied his request for a COA.
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| United States v. Fowler, Nos. 06-5158; 06-5161,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, March 19, 2007, Filed
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Overview: Where defendant's 14 month sentence following revocation of her supervised release fell within the advisory U.S.S.G. range, her sentence was presumptively reasonable. Since the court considered the 18 U.S.C.S. § 3553(a) factors and found that evasion of probation supervision was a serious violation, defendant had not overcome the presumption.
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| United States v. Madrid, No. 05-2088, No. 05-2090,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, March 19, 2007, Filed
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Overview: Evidence that a witness saw a rifle in a room where she purchased methamphetamine was sufficient to sustain defendant's conviction for possessing a weapon in furtherance of a drug trafficking offense, in violation of 18 U.S.C.S. § 924(c), and the court of appeals affirmed defendant's conviction for violating § 924(c) and 21 U.S.C.S. §§ 841 and 846.
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| United States v. Montes-Cano, No. 05-3482,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, March 19, 2007, Filed
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Overview: Sentence was affirmed because the district court was permitted to "double count" since USSG § 2L1.2 expressly permitted it to do so, the district court considered the factors of 18 U.S.C.S. § 3553(a) to determine a reasonable sentence, and it was not unreasonable for the sentencing judge to choose the guidelines approach.
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| Young v. United States, No. 06-1494,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, March 20, 2007, Filed
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Overview: Court of appeals reversed judgment dismissing inmate's complaint alleging that U.S. Government officials violated his rights because district court's order requiring inmate to amend his complaint was based, in part, on inmate's failure to show he exhausted his administrative remedies and U.S. Supreme Court's Jones decision negated that requirement.
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