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| Dvorkina v. Jewish Cmty. Ctr., No. 05-1204,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, May 3, 2006, Filed
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Overview: Court of appeals affirmed district court's judgment dismissing employee's action claiming that former employer and former supervisor violated Title VII of the Civil Rights Act and the Colorado Anti-Discrimination Act because the record showed that a magistrate judge and the district court properly considered defendants' motion for summary judgment.
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| Nelson v. Boeing Co., No. 05-3156,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, May 3, 2006, Filed
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Overview: Employee was not entitled to reversal after district court granted summary judgment to employer in Title VII action because Title VII did not create a statutory right to the effective assistance of counsel.
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| Sumbry v. Davis, No. 05-8044,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, May 3, 2006, Filed
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Overview: Prisoner was not entitled to a COA because the district court lacked jurisdiction over his habeas claim. He was warned that any future frivolous filing would put him at risk of sanctions, including being barred from proceeding in appellate court without permission or unless he had counsel.
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| United States v. Aguirre-Salazar, No. 05-2134,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, May 3, 2006, Filed
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Overview: A sentence for illegal reentry in violation of 8 U.S.C.S. § 1326(a)(1)-(2), (b)(2) was proper because, while the PSR listed convictions that were more than 15 years-old, those convictions were not used to calculate defendant's criminal history category, and the three convictions that were used were properly included under the Sentencing Guidelines.
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| United States v. Ballard, No. 05-5156,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, May 3, 2006, Filed
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Overview: Officers had reasonable suspicion to pat-down defendant after stopping his vehicle where the totality of the circumstances indicated that he might be armed and dangerous. Also, his prior escape convictions were violent felonies per the Armed Career Criminal Act, application of which did not violate the Sixth Amendment or Apprendi v. New Jersey.
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| United States v. Dominguez - Cruz, No. 05-5133,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, May 3, 2006, Filed
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Overview: A motion to suppress was properly denied because defendant's stop was reasonable under the Fourth Amendment where there was an objective justification for a conclusion that a second car was following a car too closely, and a dog's alert on the first car established probable cause to warrant continued detention of the second car.
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| United States v. Dooley, No. 04-1506,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, May 3, 2006, Filed
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Overview: Defendant's felon in possession of a firearm guilty plea under 18 U.S.C.S. §§ 922(g), 924(e)(1) was valid where Fed. R. Crim. P. 11 was followed and he waived any right to a jury determination of factors that were used to calculate his sentence, which was not undermined by the Blakely v. Washington/Apprendi v. New Jersey/U.S. v. Booker case line.
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| United States v. Gomez-Castillo, No. 05-4139,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, May 3, 2006, Filed
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Overview: Defendant's sentence for illegal reentry by an alien who had been previously deported, a violation of 8 U.S.C.S. § 1326(a), was affirmed as reasonable because it was within the properly-calculated USSG sentencing range, and defendant failed to rebut its presumptive reasonableness by pointing to other factors in 18 U.S.C.S. § 3553(a).
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| United States v. Guerrero-Chavez, No. 05-2105,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, May 3, 2006, Filed
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Overview: A 16-level enhancement under U.S. Sentencing Guidelines Manual § 2L1.2(b)(1)(A)(ii) of defendant's sentence for illegal reentry in violation of 8 U.S.C.S. § 1326(a)(1), (b)(2) was proper because it did not matter that his original deportation, based on his conviction for corporal abuse of a spouse, was characterized as a crime of moral turpitude.
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