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| Brandolino v. Wyo. Fuel Co., No. 05-9570,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, May 11, 2006, Filed
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Overview: Court denied claimant's petition seeking review of Benefits Review Board's decision denying his claim for benefits under the Black Lung Benefits Act because evidence supported Board's finding that claimant knew he had to meet one of two causation standards specified for eligibility and that his evidence was not sufficient to meet either standard.
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| Log Furniture, Inc. v. Call, No. 04-4276, No. 05-4228, No. 05-4266,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, May 11, 2006, Filed
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Overview: Where a creditor claimed that it had become the sole stockholder of debtor by virtue of a pledge agreement, and that, as a consequence, the voluntary Chapter 7 bankruptcy petition filed on behalf of debtor was not authorized, the claim was properly rejected because the agreement by its own terms gave the creditor no remedy in the case of a default.
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| U.S. Cellular Corp. v. Bd. of Adjustment of Seminole, No. 02-7124,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, May 11, 2006, Filed
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Overview: Property owner had standing to challenge board of adjustment's decision denying a variance to a zoning ordinance which required that towers to be setback from all property lines because the variance was an asset with potential future value. However, court of appeals found that the board did not violate 47 U.S.C.S. § 332 when it denied the variance.
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| United States v. Vaca-Perez, No. 05-2203,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, May 11, 2006, Filed
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Overview: Court of appeals vacated sentence of 30 months' imprisonment imposed on defendant who pled guilty to violating 8 U.S.C.S. § 1326(b) by reentering U.S. because district court failed to state reasons it rejected defendant's argument that circumstances surrounding attempted burglary and attempted escape convictions supported sentence below USSG range.
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| Diallo v. Gonzales, No. 05-9558,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, May 12, 2006, Filed
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Overview: BIA's denial of the alien's asylum application under 8 U.S.C.S. § 1158 was affirmed where the court could not say that the IJ's conclusion that the alien failed to establish refugee status was contrary to what a reasonable factfinder would have concluded, or that the inconsistencies in the alien's stories were immaterial to his application.
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| Prime Care of Northeast Kan., LLC v. Humana Ins. Co., No. 06-3024,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, May 12, 2006, Filed
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Overview: Where a suit was filed before the effective date of the Class Action Fairness Act of 2005 (CAFA), but certain defendants were first named in an amended pleading filed after that date, remand to the district court was warranted because, in remanding to state court, it did not consider whether the amendment related back to the case's commencement.
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| United States v. Alexander, No. 05-6088,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, May 15, 2006, Filed
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Overview: Evidence was sufficient to convict defendant of assault resulting in serious bodily injury in violation of 18 U.S.C.S. § 113(a)(6) where the trial testimony revealed that upon arrival at the hospital, the victim was deemed in serious condition, and the victim experienced severe pain, lost copious amounts of blood, and suffered severe lacerations.
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| United States v. Harris, No. 04-1536,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, May 15, 2006, Filed
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Overview: Defendant's statutory minimum sentence under the Armed Career Criminal Act, 18 U.S.C.S. § 924(e), was affirmed because the separateness of prior convictions was a "fact of a prior conviction" that could be found by a judge and was excluded from the Sixth Amendment protections discussed in Apprendi and Booker.
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| United States v. Patterson, No. 04-6347,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, May 15, 2006, Filed
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Overview: Where defendant pled guilty to armed bank robbery and argued that his sentencing enhancement violated the Sixth Amendment, defendant could not raise a Sixth Amendment challenge on appeal, because he waived his Sixth Amendment right to a jury trial at sentencing when he pled guilty to the offense.
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