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United States Tenth Circuit - October 2002 Opinion Summaries

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Description Date Docket #

US v. BOTEFUHR

United States Tenth Circuit
Civil Procedure, Securities Law, Tax Law
In an appeal from summary judgment upholding the IRS's right to collect gift taxes from defendants: 1) district court did not hold personal...
10/31/2002 01-5133, 01-5139, 01-5145

US v. MIRANDA-RAMIREZ

United States Tenth Circuit
Criminal Law & Procedure, Immigration Law
District court's refusal to depart downward when sentencing defendant for illegally reentering the US, following deportation for an aggravated felony,...
10/31/2002 01-4096

ARNDT v. KOBY

United States Tenth Circuit
Civil Rights, Constitutional Law, Labor & Employment Law
Summary judgment in favor of defendants, City and Police Department, on plaintiff's Colorado state employment law claims, and grant of judgment as a...
10/31/2002 01-1356

IN RE: MINISCRIBE CORP.

United States Tenth Circuit
Bankruptcy Law
District court order reversing an order of the bankruptcy court awarding plaintiff a trustee's fee of $3,044,953.69 affirmed.
10/31/2002 01-1263

US v. HARRIS

United States Tenth Circuit
Criminal Law & Procedure, Sentencing
Defendant's third-strike mandatory life sentence, for conviction of possession with intent to distribute cocaine base within 1,000 feet of a school in...
10/30/2002 01-2027

MARKER v. PACIFIC MEZZANINE FUND, L.P.

United States Tenth Circuit
Banking Law, Commercial Law
The usury remedy under the Small Business Investment Act (SBIA), 15 U.S.C. section 687, does not provide for the return of collateral retained upon...
10/30/2002 01-4043

REVELL v. HOFFMAN

United States Tenth Circuit
Constitutional Law, Media Law
Plaintiff, a former FBI officer, was deemed a public figure, and failed to offer evidence of "actual malice" by author defendant, as required under...
10/30/2002 01-6169

US v. SIMS

United States Tenth Circuit
Criminal Law & Procedure, Sentencing
Because the district court relied on a flawed and improper method in calculating the degree of upward departure for defendant's conviction of making,...
10/29/2002 01-6428

US v. FLYNN

United States Tenth Circuit
Criminal Law & Procedure
Motion to suppress evidence properly denied, where a legal police ruse -- the staging of a drug checkpoint -- caused defendant to voluntarily abandon...
10/25/2002 01-7065

HACEESA v. US

United States Tenth Circuit
Health Law, Injury & Tort Law, Professional Malpractice
In wrongful death action, the district court erred: 1) in concluding that New Mexico's $600,000 statutory cap on medical malpractice recoveries did...
10/24/2002 01-2252

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