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| Berry v. Ray, No. 06-6375,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, April 11, 2007, Filed
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Overview: Inmate was not entitled to equitable tolling of the limitations period under 28 U.S.C.S. § 2244(d)(1) on the ground that his prison lacked a law library because ignorance of the law, even for an incarcerated pro se petitioner, generally did not excuse prompt filing. Therefore, the inmate's application for a COA was denied.
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| Brown v. McKune, No. 07-3001,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, April 11, 2007, Filed
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Overview: Prisoner was not entitled to a COA to appeal denial of his 28 U.S.C.S. § 2254 petition because, although prisoner appeared to argue that the requirements of 28 U.S.C.S. § 2254(e)(2) did not apply to him, the court remained unpersuaded that the prisoner's allegations, even if taken as true, entitled him to habeas relief.
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| Gilbert v. Astrue, No. 06-1137,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, April 11, 2007, Filed
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Overview: Denial of SSDI benefits was reversed and remanded where having determined that her fibromyalgia was a severe impairment, the ALJ failed to sufficiently consider that condition, and the functional limitations caused by it in assigning weight to the doctor's opinions regarding her physical functional capabilities.
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| United States v. Mesa-Aragon, No. 06-2257,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, April 11, 2007, Filed
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Overview: The court agreed with defense counsel that defendant's claim that his punishment was excessive was without merit and that there were no other nonfrivolous issues for appeal. The court granted counsel's motion to withdraw and affirmed the district court's judgment and sentence.
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| United States v. Nash, No. 06-7092,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, April 11, 2007, Filed
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Overview: The court agreed with the district court's conclusion regarding the lack of meritorious issues raised by a prisoner in his § 2255 motion. No issued was raised that met the standard for the grant of a COA, and the prisoner's appeal was dismissed.
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| United States v. Valenzuela, No. 06-2206,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, April 11, 2007, Filed
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Overview: The district court properly denied defendant's motion to suppress a gun and ammunition found in a car with defendant because, under the Fourth Amendment, the officers acted reasonably in drawing their weapons, ordering defendant to lie down on the street, and handcuffing him until the rifle could be secured and defendant could be patted down.
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