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   Federal Courts - 10th Circuit Court of Appeals - April 7, 2006

  
United States v. Palermo, No. 05-4259, UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, April 7, 2006, Filed
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Overview: A district court's order dismissing a pro se inmate's 28 U.S.C.S. § 2255 motion was vacated, and the case was remanded because the appellate court issued a COA on the inmate's ineffective assistance of counsel claim. The district court erred in applying the Roe factors to assess the inmate's credibility.

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United States v. Salome-Gonzalez, No. 05-4207, UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, April 7, 2006, Filed
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Overview: A district court was not required to justify a lower sentence based on defendant's personal history and characteristics and sound reasons were apparent for the sentence imposed under the advisory guidelines, including the need to avoid disparities and the seriousness of the crime, as reflected in the quantity of methamphetamine possessed.

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Wyandotte Nation v. Sebelius, No. 04-3431, 04-3432, UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, April 7, 2006, Filed
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Overview: Because the district court did not provide notice, and because it had no legal basis for enjoining the Indian tribe from conducting gaming activities on land known as the Shriner Tract, the injunction issued under Fed. R. Civ. P. 65 barring the tribe from conducting gaming on the Shriner Tract was vacated.

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