United States Tenth Circuit - March 2007 Opinion Summaries

Ballesteros v. Gonzales

Criminal Law & Procedure, Immigration Law
A judgment in an immigration case holding, in part, that the BIA properly applied Tenth Circuit law to determine that petitioner was removable as an...

US v. Gordon

Contracts, Criminal Law & Procedure, Sentencing
An order requiring defendant to pay restitution for credit card fraud is vacated and remanded where: 1) contrary to the government's argument that...

Martinez v. Carr

Civil Rights, Constitutional Law, Criminal Law & Procedure
The issuance of a citation, even under threat of jail if not accepted, does not rise to the level of a Fourth Amendment seizure. In a 42 U.S.C....

Piercy v. Maketa

Civil Rights, Criminal Law & Procedure, Government Law, Labor & Employment Law
In a suit against a county sheriff's office and several of its employees alleging sex discrimination and retaliation, summary judgment for defendants...

Utah Envtl. Congress v. Troyer

Administrative Law, Agriculture, Environmental Law
In an action alleging that representatives of the U.S. Forest Service violated federal law by authorizing six projects in four national forests in...

Jencks v. Modern Woodsmen of Am.

Civil Rights, Contracts, Labor & Employment Law
In a lawsuit alleging plaintiff was denied an opportunity with defendant-company in retaliation for her earlier victory in a Title VII case against...

Freeman v. Watkins

Administrative Law, Civil Procedure, Civil Rights, Constitutional Law, Criminal Law & Procedure
In a prisoner's 42 U.S.C. section 1983 case asserting six violations of his constitutional rights, dismissal of his case for failure to exhaust his...

US v. Ramirez

Criminal Law & Procedure, Evidence, Sentencing
Defendants' convictions and two sentences for crimes stemming from a drug trafficking enterprise are affirmed over claims of error regarding: 1)...

Ackerman v. Novak

Criminal Law & Procedure, Habeas Corpus, Military Law
Petitioner's motion for leave to file a second or successive habeas petition under 28 U.S.C. section 2254, requesting permission to file a third...

In re: Troff

Bankruptcy Law, Criminal Law & Procedure
11 U.S.C. section 523(a)(7) does not permit a debtor in a Chapter 7 bankruptcy proceeding to discharge a restitution obligation imposed as part of a...