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| Hutton Contr. Co. v. City of Coffeyville, No. 05-3223,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, April 30, 2007, Filed
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Overview: Judgment in a contract action between a city and a contractor was affirmed because the contractor was responsible to the city for its supplier's delays when those delays were not themselves excused by a force majeure. The district court's decision to apportion delay in awarding liquidated damages to the city was proper.
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| Pedro-Simon v. Gonzales, No. 06-9569,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, April 30, 2007, Filed
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Overview: Because an alien failed to file timely a brief before the BIA, the BIA summarily affirmed an IJ's removal order without opinion, and because the alien failed to exhaust his administrative remedies (untimely filings before an agency did not constitute exhaustion), his appeal from the BIA's decision was dismissed for lack of jurisdiction.
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| Showalter v. Weinstein, No. 05-1247,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, April 30, 2007, Filed
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Overview: District court properly granted a federal employer's Fed. R. Civ. P. 12(b)(1) motion to dismiss most of a former employee's Title VII and the Rehabilitation Act claims because the employee had failed to exhaust administrative remedies. Mere notice of claims was insufficient and the employee's formal EEO complaint asserted only one claim--reprisal.
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| Stanojevich v. United States, No. 06-2163,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, April 30, 2007, Filed
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Overview: Because a taxpayer persisted in presenting his frivolous contentions on appeal, even though he was warned by the district court of the consequence of doing so, the court awarded to the government damages of $ 4,000, pursuant to Fed. R. App. P. 38, as a sanction for a frivolous appeal.
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| United States v. $252,300.00 in United States Currency, No. 06-3164,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, April 30, 2007, Filed
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Overview: Because the government established by a preponderance of the evidence that the $ 252,300 in U.S. currency that claimant was carrying in his truck was substantially connected to illegal drug trafficking, the district court properly ordered the currency forfeited to the government pursuant to 21 U.S.C.S. § 881(a)(6).
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| United States v. Brown, No. 05-3400,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, April 30, 2007, Filed
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Overview: Defendant's motion to suppress was denied where officers had reasonable suspicion to initially stop defendant for a traffic violation, and in light of his behavior during the initial stop and the expired rental agreement, officers had probable cause under the Fourth Amendment to arrest him for vehicle theft and to take him to the sheriff's office.
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| United States v. Celio, No. 05-1330,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, April 30, 2007, Filed
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Overview: Convictions under 21 U.S.C.S. § 841(a)(1) and (b)(1)(C) were affirmed because evidence, particularly an audiotape of meeting between defendant and undercover officer, could have led reasonable jury to find that defendant, a doctor, was not prescribing narcotics for any legitimate medical purpose or in the ordinary course of professional practice.
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| United States v. Polk, No. 06-5157,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, April 30, 2007, Filed
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Overview: Although Okla. Stat. Ann. tit. 21, § 1435, broadly covered some burglaries that arguably constituted non-violent conduct, the charging documents for defendant's prior convictions under § 1435 showed that they involved entry into businesses and constituted violent felonies; thus, an armed career criminal enhancement was reasonably applied.
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| United States v. Salazar-Yanez, No. 06-4273,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, April 30, 2007
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Overview: Appeal challenging 30-month sentence for violation of 8 U.S.C.S. § 1326 was dismissed because appeal waiver which was part of defendant's plea agreement was enforced pursuant to United States v. Hahn. The first appeal-waiver exception clearly and unambiguously permitted appeal only if the sentence imposed exceeded 20-year maximum possible sentence.
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