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| Citizens for Alternatives v. United States DOE, No. 04-2314,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, May 3, 2007, Filed
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Overview: DOE was not arbitrary and capricious in its environmental review and approval of the operation of a nuclear waste repository in New Mexico because it did not ignore the Magenta layer but rather provided explanations for modeling the Culebra and not the Magenta, and the district court did not abuse its discretion in rejecting extra-record evidence.
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| Laubach v. Scibana, No. 06-6338,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, May 3, 2007, Filed
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Overview: Dismissal of a pro se prisoner's complaint for failure to exhaust administrative remedies pursuant to 42 U.S.C.S. § 1997e(a) was vacated in light of the U.S. Supreme Court's decision in Jones v. Bock. On remand, defendants were to be allowed the chance to prove failure to exhaust, but it was not the prisoner's burden to do so at the pleading stage.
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| Matthews v. Astrue, No. 06-5151,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, May 3, 2007, Filed
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Overview: Social Security ALJ did not err by not evaluating a treating physician's opinion that pre-dated a previous determination that the claimant was no longer disabled and her alleged date of onset, as it was rendered largely irrelevant; other adverse findings were proper where there was no medical evidence of carpal tunnel syndrome after the onset date.
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| Robison v. Ward, No. 06-7121,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, May 3, 2007, Filed
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Overview: Inmate's request for a COA under 28 U.S.C.S. § 2253 was denied because reasonable jurists could not have differed regarding the issues raised by the inmate where, inter alia, counsel's failure to object to admission of the eyewitness's testimony did not constitute ineffective assistance of counsel since that failure was a deliberate trial strategy.
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| Thomas v. Bruce, No. 06-3235,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, May 3, 2007, Filed
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Overview: It appeared that rather than challenging on appeal the entry of summary judgment against him, a prisoner sought yet another chance to file an amended complaint; however, giving him another chance to present arguments and evidence that he should have presented previously to the district court would have undermined the value of finality.
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| United States v. Mora-Perez, No. 06-4127,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, May 3, 2007, Filed
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Overview: Defendant's sentence for a violation of 8 U.S.C.S. § 1326 was procedurally and substantively reasonable because he did not rebut his USSG sentence's presumption of reasonableness. Defendant's mental disorder was being appropriately treated in prison, and he did not argue that his sentence was unreasonable for any other reason.
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| United States v. Ortiz-Espino, No. 06-2170,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, May 3, 2007, Filed
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Overview: There was nothing unreasonable about the district court's decision to sentence defendant at the bottom of the properly calculated Guidelines range; and even without the presumption of reasonableness of the guidelines sentence, it was reasonable in light of the 18 U.S.C.S. § 3553(a) factors.
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| United States v. Tuyen Vu Ngo, No. 06-6244,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, May 3, 2007, Filed
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Overview: Conviction for conspiracy to possess with intent to distribute ecstasy, in violation of 21 U.S.C.S. § 846, was affirmed because it was supported by circumstantial evidence. Defendant travelled with three other men who knew they were transporting drugs, he was left alone with the bulk of $ 4,000,000 worth of ecstasy, and he lied to narcotics agents.
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