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| Folsom v. Franklin, No. 06-6172,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, May 17, 2007, Filed
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Overview: State courts' resolution of defendant's claims- -that he was denied his Sixth Amendment rights when he was allowed to represent himself and his due process rights when his competency at sentencing was assessed- -did not represent an unreasonable application of federal law or an unreasonable determination of the facts in light of the evidence.
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| Gillman v. Ford (In re Ford), No. 06-4029,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, May 17, 2007, Filed
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Overview: Applicable burden of proof in assessing whether a debtor concealed assets in bad faith was the preponderance of the evidence standard and sufficient evidence supported the bankruptcy court's finding that the debtor acted in bad faith when she delayed disclosure of her interest in a personal injury suit, and its denial of a state law exemption.
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| Johnson v. Christopher, No. 07-7011,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, May 17, 2007, Filed
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Overview: A prisoner's § 1983 case was properly dismissed, rather than transferred, for improper venue because conditions and rationales for dismissal for improper venue under 28 U.S.C.S. § 1915(e) were met and the case was to be dismissed under 28 U.S.C.S. § 1406(a) when venue was inappropriate and transfer would not have served the interests of justice.
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| Rockefeller v. Bingaman, No. 06-2332,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, May 17, 2007, Filed
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Overview: Upon de novo review, the court agreed with the district court that it lacked subject matter jurisdiction over a citizen's suit because Congress and two of its members were protected by sovereign immunity, the claims were barred by the Speech and Debate Clause, and Congress was not an "agency" under the APA.
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| Selrahc, LP v. Burruss, No. 04-7116, No. 05-7116,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, May 17, 2007, Filed
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Overview: In action based on motel construction, contractor's judgment on his claim based on an open account was reversed because, while parties to cost-plus contract were unsure of the final cost, all of the terms were set because contract would end when building was completed. Oklahoma law required proof that some term of contract remained to be settled.
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| United States v. Enriquez-Bojorquez, No. 06-2166,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, May 17, 2007, Filed
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Overview: Sentence of 41 months' imprisonment was reasonable in light of the 18 U.S.C.S. § 3553(a) factors because defendant's situation was not substantially different from many other illegal reentrants, and while his prior aggravated assault conviction was some 14 to 15 years before, that alone did not justify ignoring it as a part of his criminal history.
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| United States v. Grant, No. 06-3244,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, May 17, 2007, Filed
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Overview: District court did not abuse its discretion in refusing to instruct on the lesser-included offense of simple possession because there was no evidence of defendant's drug use and there was irrefutable evidence that he provided crack cocaine to a witness; evidence of powder cocaine was admissible as intrinsic to the intent to distribute charge.
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| United States v. Jordan, No. 06-1161,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, May 17, 2007, Filed
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Overview: District court did not abuse its discretion when it excluded the evidence in support of defendant's alternate perpetrator theory under Fed. R. Evid. 403 since the evidence that the inmate possessed a shank in the past and lied to prison officials failed to establish a non-speculative "nexus" between the murder charged and the inmate.
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| United States v. Lugo-Balderas, No. 06-2362,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, May 17, 2007, Filed
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Overview: Defendant's 70-month sentence for illegal reentry under 8 U.S.C.S. § 1326(a)(1), (a)(2), (b)(2) was reasonable because the district court noted his troubled childhood and alcohol problems and, even if his criminal history points had been reduced, he would have received the same criminal history category of V.
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