United States Tenth Circuit - June 2005 Opinion Summaries

US v. Nguyen

Criminal Law & Procedure, Evidence
Defendant's drug conviction is affirmed over his claims that 1) the government presented insufficient evidence to convict him, 2) he was entrapped as...

US v. Bass

Criminal Law & Procedure, Sentencing
Defendant's sentence for a child pornography conviction is vacated and remanded for resentencing in light of US v. Booker, 125 S.Ct. 738 (2005).

In Re: Alderete

Bankruptcy Law, Education Law
Plaintiffs' student loan debt is reinstated where the bankruptcy court properly determined that their student loans did not impose an "undue hardship"...

Rosewood Serv. Inc. v. Sunflower Diversified Serv.

Civil Rights, Constitutional Law, Corporation & Enterprise Law, Injury & Tort Law, Tax-exempt Organizations
In a section 1983 action, defendants, a private non-profit corporation and its president, are not entitled to assert qualified immunity because they...

McCauley v. Halliburton Energy Serv.

Civil Procedure, Dispute Resolution & Arbitration, Labor & Employment Law
In an employment dispute, defendant-employer's filing of a notice to appeal, which sought review of the denial of its motion to compel arbitration,...

US v. Taylor

Criminal Law & Procedure, Sentencing
Defendant's sentence for being a felon in possession of a firearm is remanded where the record does not demonstrate the basis for the district court's...

US v. Hamilton

Criminal Law & Procedure, Evidence
Defendant's conviction for transporting child pornography in interstate commerce is affirmed over his claim that the district court erred in admitting...

Medina v. State of New Mexico

Civil Rights, Injury & Tort Law, Labor & Employment Law
Dismissal of plaintiff's claims, alleging gender-based hostile work environment and retaliation, is affirmed where plaintiff failed to demonstrate...

US v. Bedonie

Criminal Law & Procedure, Remedies, Sentencing
Neither the Mandatory Victims Restitution Act nor the Victim and Witness Protection Act provides the district court with jurisdiction to reopen its...

US v. Hauk

Criminal Law & Procedure, Evidence
Denial of defendant's motion to suppress evidence is affirmed over his claim that the police lacked reasonable suspicion for their protective sweep...