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   Federal Courts - 10th Circuit Court of Appeals - May 25, 2006

  
Brown v. Barnhart, No. 05-5143, UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, May 25, 2006, Filed
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Overview: District court's decision affirming denial of social security benefits to claimant was reversed; case was remanded. ALJ clearly erred in failing to properly apply 42 U.S.C.S. § 423(d)(1) as claimant's fibromyalgia need not have lasted for 12 months prior to hearing as long as it could be expected to last for at least another 5 months after hearing.

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Lujan v. Johanns, No. 05-2239, UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, May 25, 2006, Filed
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Overview: Summary judgment in favor of employer against employee's Title VII retaliation claim was affirmed. District court properly ruled that employee did not satisfy second element of test to succeed on his retaliation claim as restrictive leave policy, performance improvement plan, and letters of warning did not constitute adverse employment actions.

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United States v. Aleman-Blanco, No. 05-8110, UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, May 25, 2006, Filed
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Overview: A motion to withdraw filed by the defendant's counsel, after the defendant had pled guilty and was sentenced, was granted because any potential issue to be raised on appeal would be wholly frivolous. It was apparent that the defendant had received adequate advice from counsel and that his plea was fully voluntary.

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United States v. De Leon-Fernandez, No. 05-2355, UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, May 25, 2006, Filed
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Overview: Federal prisoner was denied a COA because he did not make a substantial showing of denial of a constitutional right. Although he claimed that his rights were violated by the ineffective assistance of counsel, no showing was made that his sentencing would have been different if counsel had made the arguments raised in his 28 U.S.C.S. § 2255 motion.

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United States v. Yelloweagle, No. 05-1171, UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, May 25, 2006, Filed
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Overview: Defendant's sentence of 12 months and a day for a violation of 18 U.S.C.S. § 2244(a)(2) was presumptively reasonable, and his appeal was frivolous. The district court calculated the offense level and criminal history category, considered the applicable USSG range, and weighed additional relevant sentencing factors pursuant to 18 U.S.C.S. § 3553(a).

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