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   Federal Courts - 10th Circuit Court of Appeals - May 2, 2007

  
Clemens v. Sutter, No. 07-5004, UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, May 2, 2007, Filed
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Overview: A COA was denied because reasonable jurists would not have debated the correctness of the ruling that petitioner's § 2254 petition was untimely. Statutory tolling did not apply because petitioner's state proceedings either did not constitute post-conviction proceedings or were commenced after the limitations period expired.

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Hinojos v. Honeywell FM&T, No. 06-2310, UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, May 2, 2007, Filed
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Overview: Claims of retaliation and national origin discrimination under Title VII were dismissed where even if the employee's termination was motivated by the complaint under 10 C.F.R. pt. 708, such conduct was not actionable under Title VII because Title VII's anti-retaliation provision did not extend protection to complaints under 10 C.F.R. pt. 708.

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United States v. Bailey, No. 06-6356, UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, May 2, 2007, Filed
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United States v. Lorenzo-Salinas, No. 06-2252, UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, May 2, 2007, Filed
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Overview: Applying the United States v. Hahn factors, the court concluded that defendant's waiver of his right to appeal was enforceable, granted the government's motion to enforce the plea agreement, and dismissed the appeal.

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