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| Briggs v. Astrue, No. 06-5141,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, April 9, 2007, Filed
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Overview: Denial of social security disability benefits for a claimant suffering from an abdominal wall hernia and back problems was supported by substantial evidence under 42 U.S.C.S. § 405(g), particularly since the claimant failed to made a sufficient showing to require the ALJ to order a consultative examination as to any hand and knee impairments.
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| Christian Heritage Acad. v. Okla. Secondary Sch. Activities Ass'n, No. 04-6342,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, April 9, 2007, Filed
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Overview: Where the requirement in the Oklahoma Secondary School Activity Association's Constitution that nonpublic schools obtain majority approval in order to be admitted while public schools merely had to apply was not rationally related to any legitimate government purposes, the requirement violated the Fourteenth Amendment Equal Protection Clause.
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| Legacy Crossing, LLC v. Travis Wolff & Co., No. 06-6210,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, April 9, 2007, Filed
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Overview: Company's negligence claim accrued on March 14, 2002, because that was the date on which it could have potentially stated a claim for negligence against the partnership. Thus, its negligence claim brought on March 30, 2005, was untimely under Okla. Stat. tit. 12, § 95(A)(3) since fraudulent concealment did not toll the statute of limitations.
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| Reinhart v. Lincoln County, No. 06-8028,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, April 9, 2007, Filed
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Overview: Real estate developers' disparate impact claim under the FHA was properly dismissed on summary judgment because they did not provide evidence indicating before-and-after costs of dwellings and the percentages of protected and nonprotected persons who would have been priced out of the market as a result of an increase.
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| United States v. Beach, Nos. 05-3362, 06-3053,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, April 9, 2007, Filed
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Overview: Evidence was sufficient to support two counts of mail fraud under 18 U.S.C.S. § 1341 because defendant sent several letters to a U.S. bankruptcy trustee demanding $ 500,000, filed a UCC-1 financing statement for this alleged debt, and filed a claim with the trustee's bonding company, and the government was not required to show reliance or damages.
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| United States v. Helton, No. 06-5163,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, April 9, 2007, Filed
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Overview: Police officer acted reasonably in light of potential threat he faced to his safety when he detained defendant, who refused to comply with officer's orders to raise both hands and kept one hand in his pocket and threw a handgun into a bush. District court did not err when it denied a motion to suppress the handgun and ammunition police seized.
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| United States v. Le, No. 06-8040,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, April 9, 2007, Filed
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Overview: Defendant's exclusive possession and control of a rental van, the manner in which the marijuana was loaded, and inferences to be drawn from other circumstances, provided sufficient evidence for a jury to find defendant guilty beyond a reasonable doubt of knowingly possessing the marijuana in violation of 21 U.S.C.S. § 841(a)(1), (b)(1)(C).
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| United States v. Montoya, No. 06-4103,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, April 9, 2007, Filed
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Overview: Defendant, who pleaded guilty to possessing with intent to distribute 50 or more grams of methamphetamine, was properly denied a sentence reduction under U.S. Sentencing Guidelines Manual § 5C1.2 and 18 U.S.C.S. § 3553(f)(1)-(5) since he refused to provide the government with the identity of his supplier or reveal information regarding his offense.
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| United States v. Nash, No. 04-6288,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, April 9, 2007, Filed
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Overview: Although district court violated defendant's right to confront the witnesses against him when it allowed people who talked to codefendant who was tried with defendant to tell jury what the codefendant told them about defendant's involvement with drugs and handgun, error was harmless because other evidence was sufficient to prove defendant's guilt.
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