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| United States v. Cruz-Lopez, No. 06-4058,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, April 24, 2007, Filed
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Overview: Prisoner was not entitled to a COA, as required by 28 U.S.C.S. § 2253, to challenge district court's dismissal of his 28 U.S.C.S. § 2255 motion because prisoner provided no factual support in his petition for his assertion that his counsel was ineffective in advising him as to his plea agreement in that counsel failed to provide him with documents.
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| United States v. Hopkins, No. 06-4193,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, April 24, 2007, Filed
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Overview: Defendant's 46-month sentence for being a convicted domestic violence offender in possession of firearm and ammunition in violation of 18 U.S.C.S. § 922(g)(9) was affirmed because district court weighed both defendant's age and health issues as well as other 18 U.S.C.S. § 3553(a) factors, such as the serious nature of his offense and his history.
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| United States v. Torres-Varela, Nos. 06-2171, 06-2172,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, April 24, 2007, Filed
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Overview: Court dismissed as frivolous appeal from sentence for illegal reentry under 8 U.S.C.S. § 1326(a)(1), (2), and (b)(2) because, having concluded that the sentence was reasonable, was imposed following a correct application of the USSG, and reflected sentence agreed to in plea agreement, court lacked jurisdiction over any other basis for an appeal.
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| United States v. Valles-Estrada, No.06-8057,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, April 24, 2007, Filed
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Overview: Since it could have been inferred from the fact that the government could not find that defendant's alleged drug source existed, that defendant did not truthfully disclose all the information and evidence that he possessed, the district court did not err when it found that he was not entitled to the safety-valve adjustment under U.S.S.G. § 5C1.2.
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| Zwygart v. Bd. of County Comm'rs, No. 06-3084,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, April 24, 2007, Filed
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Overview: Alleged violations of ADA and Due Process Clause were properly dismissed on summary judgment; off-work slips were insufficient to create a triable issue of fact as to whether an employee was "disabled" under the ADA, and an express contract plainly provided that he lacked an interest in continued employment if he breached its conditions.
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