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United States Tenth Circuit - March 2004 Opinion Summaries

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Description Date Docket #

HARDMAN v. BARNHART

United States Tenth Circuit
Administrative Law, Government Benefits, Labor & Employment Law
ALJ failed to apply the correct legal standards in assessing claimant's allegations of disabling pain. Denial of benefits is reversed and remanded.
03/30/2004 03-7056

GARRETT v. FLEMING

United States Tenth Circuit
Civil Procedure, Civil Rights
A plaintiff's lack of knowledge of the intended defendant's identity is not a "mistake concerning the identity of the proper party" within the meaning...
03/30/2004 03-1143

US v. NUNEMACHER

United States Tenth Circuit
Criminal Law & Procedure, Sentencing
It was per se unreasonable for the district court, without explanation, to have granted defendant an eight-level downward departure as if he were...
03/30/2004 02-3380

IN RE MYERS

United States Tenth Circuit
Agriculture, Bankruptcy Law
Because the executory agricultural contract automatically terminated when the first bankruptcy petition was filed, the Farm Service Agency did not owe...
03/29/2004 02-2350

US v. CARDENA-GARCIA

United States Tenth Circuit
Criminal Law & Procedure, Sentencing
Where illegal aliens were recklessly transported for financial gain resulting in death, the application of both U.S.S.G. section 2L1.1(b)(5), conduct...
03/26/2004 02-1189, 02-1199

US v. PARKER

United States Tenth Circuit
Constitutional Law, Criminal Law & Procedure
The Second Amendment does not bar defendant's prosecution under the Assimilative Crimes Act for carrying a loaded weapon onto a federal reservation in...
03/24/2004 03-4119

KINROSS v. UTAH RY. CO.

United States Tenth Circuit
Dispute Resolution & Arbitration, Labor & Employment Law, Transportation
District court lacked jurisdiction over former railway employee's due process challenge to the Arbitration Board's review of his termination per the...
03/22/2004 02-4192

US v. ABDENBI

United States Tenth Circuit
Criminal Law & Procedure, Immigration Law
Illegal alien's suppression motion was properly denied. Agents secured voluntary consent to the warrantless search of the apartment where he was...
03/22/2004 02-1435

STAR FUEL MARTS, LLC v. SAM'S EAST, INC.

United States Tenth Circuit
Oil and Gas Law
Defendant was properly enjoined from selling gasoline to wholesale club members at prices below actual cost. Substantial evidence tended to show that...
03/19/2004 03-6067

US v. SALAZAR-SAMANIEGA

United States Tenth Circuit
Criminal Law & Procedure, Sentencing
In determining whether a case is "extraordinary" so as to merit both an acceptance-of-responsibility reduction and an obstruction enhancement, factors...
03/17/2004 03-2076, 03-2093

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