United States Tenth Circuit - February 2008 Opinion Summaries

US v. Ibarra-Coronel

Criminal Law & Procedure, Sentencing
An appeal from a sentence imposed pursuant to a guilty plea to conspiracy to distribute heroin is dismissed where, on the facts of the case, defendant...

US v. Maldonado-Lopez

Criminal Law & Procedure, Sentencing
A sentence for illegally reentering the United States following a prior deportation is reversed where the district court erred when it enhanced his...

State of Oklahoma ex rel. Edmondson v. Pope

Civil Procedure, Communications Law, Constitutional Law, Government Law
In an action challenging the constitutionality of a portion of the Telephone Consumer Protection Act (TCPA), which regulates the use of automated...

Martin v. Mukasey

Criminal Law & Procedure, Family Law, Immigration Law
The fugitive disentitlement doctrine applies in immigration appeals. English citizen's petition for review of a final order of removal is dismissed...

US v. Fields

Criminal Law & Procedure, Sentencing
Defendant's death sentences for killing two individuals in a national forest are affirmed where: 1) the U.S. properly exercised its concurrent...

Ismaiel v. Mukasey

Immigration Law
In asylum proceedings brought by Syrian native claiming that he would be persecuted on account of his political opinion if he was returned to his home...

In re: Haberman

Banking Law, Bankruptcy Law, Debt Collection
A bankruptcy trustee who successfully avoids a lien pursuant to 11 U.S.C. sections 544 and 551 preserves for the bankruptcy estate the value of the...

Tafoya v. Salazar

Civil Procedure, Civil Rights, Constitutional Law, Criminal Law & Procedure
In a 42 U.S.C. section 1983 action claiming that defendant-sheriff demonstrated deliberate indifference to the rights of inmates in his care and...

Bradford v. Wiggins

Civil Procedure, Civil Rights, Constitutional Law, Criminal Law & Procedure, Government Law
In a 42 U.S.C. section 1983 action alleging, inter alia, that defendants-deputies unlawfully seized plaintiffs and caused their unlawful arrest, false...

Dona Ana Mut. Domestic Water Consumers Ass'n v. City of Las Cruces

Contracts, Government Contracts, Government Law, Public Utilities, Water Law
In a case involving intervenor-public utility's claim to be a third-party beneficiary to defendant-city's agreement to recognize plaintiff's exclusive...