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United States Tenth Circuit - November 2006 Opinion Summaries

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Description Date Docket #
US v. Portillo-Quezada
United States Tenth Circuit
Criminal Law & Procedure, Evidence, Sentencing 
Convictions arising from defendant's leadership of a methamphetamine distribution ring are affirmed over claims that the trial court erred in: 1)... 		11/30/2006 05-3102
Hackett v. Barnhart
United States Tenth Circuit
Administrative Law, Attorney's Fees, Government Benefits, Labor & Employment Law 
Equal Access to Justice Act (EAJA) fees generally should be awarded where the government's underlying action was unreasonable, even if the government... 		11/22/2006 06-1066
Peach v. US
United States Tenth Circuit
Criminal Law & Procedure, Habeas Corpus 
Upon transfer from a district court to allow movant to obtain authorization to file a second or successive section 2255 motion, his motion to remand... 		11/22/2006 06-3313
US v. Martinez-Trujillo
United States Tenth Circuit
Criminal Law & Procedure, Immigration Law, Sentencing 
Sentencing disparities caused by the existence of fast-track programs, which allow defendants to obtain a downward departure in exchange for their... 		11/21/2006 05-4122
Geddes v. United Staffing Alliance Employee Med. Plan
United States Tenth Circuit
ERISA, Health Law, Injury & Tort Law, Insurance Law, Labor & Employment Law 
In the context of court review of an ERISA health plan's denial of benefits, a fiduciary's decision to delegate part of its Firestone authority to an... 		11/16/2006 05-4142
US v. Mendoza
United States Tenth Circuit
Criminal Law & Procedure 
Defendant's conviction for possession of methamphetamine with intent to distribute is affirmed over claims that: 1) the district court improperly... 		11/16/2006 05-4299
US v. Schuler
United States Tenth Circuit
Criminal Law & Procedure, Sentencing 
A petition for rehearing is granted in part where the panel overlooked defendant's pre-trial motion to strike "sentencing enhancement allegations"... 		11/16/2006 05-8067
US v. Phillips
United States Tenth Circuit
Criminal Law & Procedure, Evidence 
A conviction for possession of a firearm by a convicted felon is affirmed over a claim that the district court erred in admitting at trial DNA... 		11/16/2006 06-7026
US v. Montgomery
United States Tenth Circuit
Criminal Law & Procedure, Evidence 
In a prosecution for possession with intent to distribute 100 or more marijuana plants, a judgment granting defendant's motion for judgment of... 		11/15/2006 05-3263
Anderson v. Blake
United States Tenth Circuit
Civil Rights, Constitutional Law, Criminal Law & Procedure, Government Law 
Denial of defendant-police officer's motion to dismiss based on qualified immunity is affirmed over claims that the district court erred by: 1)... 		11/15/2006 05-6329

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