Cases

ORDER Upon consideration of Kevin A. Barnes, et al.’s unopposed motion to voluntarily dismiss their appeal, IT IS ORDERED THAT: (1) The motion is granted. (2) Each side shall bear its own costs.

(Reported below: 101 Fed. Appx. 495); (101 Fed. Appx. 530); (101 Fed. Appx. 531); (101 Fed. Appx. 537); (101 Fed. Appx. 484); (101 Fed. Appx. 526); (101 Fed. Appx. 554); (101 Fed. Appx. 494); and (101 Fed. Appx. 556). C. A. 5th Cir. Certiorari denied.

LINN, Circuit Judge. ORDER Kevin Barnes et al. (Barnes) notify the court that the United States Court of Federal Claims has requested that this court dismiss “the entire matter on appeal, without prejudice, and remand to this court for the purpose of addressing all outstanding matters.” We treat Barnes’ notification as a motion to remand. The United States has not responded. On

Appellate Case: 22-2034 Document: 010111001759 Date Filed: 02/16/2024 Page: 1 FILED United States Court of Appeals PUBLISH Tenth Circuit UNITED STATES COURT OF APPEALS February 16, 2024

FILED United States Court of Appeals Tenth Circuit PUBLISH September 30, 2020 Christopher M. Wolpert UNITED STATES COURT OF APPEALS Clerk of Court

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 19-10074 Plaintiff-Appellee, D.C. No. v. 4:16-cr-00107-HSG-1 JAMES PHILIP LUCERO, Defendant-Appellant. OPINION Appeal from the United States District Court for the Northern District of California Haywoo

ORDER DENYING CERTIFICATE OF APPEALABILITY * CARLOS F. LUCERO, Circuit Judge. DeAndre Washington seeks a certificate of appealability (“COA”) to appeal the district court’s denial of his 28 U.S.C. § 2255 habeas petition. We deny a COA and dismiss the appeal. I A jury found Washington guilty of violating 18 U.S.C. §§ 2 and 1512(a)(1)(A) by at

MEMORANDUM OPINION AND ORDER JAMES BROWNING, District Judge. THIS MATTER comes before the Court on: (i) the Defendant’s Motion to Reconsider or Rehear, filed July 15, 2011 (Doc. 72) (“Motion to Reconsider”); (ii) the Defendant’s Motion by Way of the Defendant for Withdrawal of Plea Agreement filed on May 20, 2011, filed September 21, 2011 (Doc. 87) (“Motion to Withdraw Plea”); and (iii) the

ORDER SPATT, District Judge. Presently before the Court is a petition by the Defendant/Petitioner Garrick Logan (“Logan”) for a writ of habeas corpus, pursuant to 28 U.S.C. § 2255, and a motion for a sentence reduction, pursuant to 18 U.S.C. § 3582(c)(2). For the reasons that follow, the Court finds that Logan’s petition for a writ of habeas corpus is *504

647 F.3d 1012 (2011) UNITED STATES of America, Plaintiff-Appellee, v. Kim Davis BECKSTROM, Defendant-Appellant. No. 10-4108. United States Court of Appeals, Tenth Circuit. July 28, 2011. *1014 Deirdre A. Gorman, Deirdre A. Gorman, P.C., Ogden, UT, for the Defendant-Appellant. Diana Hagen, Assistant United States Attorney (

647 F.3d 1232 (2011) Jason FOWLER, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee. No. 10-1046. United States Court of Appeals, Tenth Circuit. May 31, 2011. *1234 Robert T. Fishman of Denver, CO (Bruce J. Kaye and Mari C. Bush of Kaye and Bush, LLC, Denver, CO, with him on the briefs), for Plaintiff-Appellan

FILED United States Court of Appeals Tenth Circuit May 31, 2011 Elisabeth A. Shumaker Clerk of Court

600 F.3d 1253 (2010) UNITED STATES of America, Plaintiff-Appellee, v. Lucas Gregory FOX, Defendant-Appellant. No. 09-5131. United States Court of Appeals, Tenth Circuit. March 22, 2010. *1255 Stephen J. Greubel, Assistant Federal Public Defender, Office of the Federal Public Defender, Tulsa, OK, for Defendant-Appellant. Ja

LOGAN, Circuit Judge. This is a wrongful death action brought by Elsie Pinto Martinez as personal representative of the estate of Benjamin Davis. The district court dismissed the complaint for lack of subject matter jurisdiction. We consider on appeal whether the district court erred in finding (1) no federal diversity jurisdiction because Martinez was improperly or collusively made a party in violation of 28 U.S.C. § 1359

528 F.3d 1273 (2008) UNITED STATES of America, Plaintiff-Appellee, v. Robert Nathaniel FORBES, Jr., Defendant-Appellant. No. 07-2191. United States Court of Appeals, Tenth Circuit. June 17, 2008. *1274 Dennis J. Candelaria, Assistant Federal Public Defender, Las Cruces, New Mexico, for the Defendant-Appellant. Terri J. Abe

*1100ORDER DENYING INITIAL EN BANC REVIEW A member of the active court sua sponte called for a poll of the court to determine whether this case would be set for initial en banc review. Judges Tacha, Kelly, Briscoe, Murphy, Tymkovich and Gorsuch voted to grant initial en banc review. All other active members of the court voted to deny. A majority vote being necessary to order e

674 F.3d 1220 (2012) State of WYOMING, Petitioner-Appellant, Park County Board of County Commissioners, Petitioner, and International Snowmobile Manufacturers Association, Inc., Plaintiff-Intervenor, v. UNITED STATES DEPARTMENT OF INTERIOR; Ken Salazar, in his official capacity as Secretary of the United States Department of the Interior; Jon Jarvis, in his official capacity as National Park Service Director; Michael Snyder, in his offici

368 F.Supp.2d 1260 (2005) UNITED STATES of America, Plaintiff, v. Felicia SMALLBEAR, Defendant. No. CR 04-1558 BB. United States District Court, D. New Mexico. April 26, 2005. *1261 D. Penni Adrian, Albuquerque, NM, for Felicia J. Smallbear. *1262 MEMORANDUM OPINION AND ORD

LUCERO, Circuit Judge. In this interlocutory appeal, the United States contests the district court decision to suppress evidence seized from Jesse James Tibbetts’ Toyota 4Runner. In January 2003, Tibbetts and Christopher Do-herty were traveling east along Utah’s Interstate 80 (“1-80”) in a Toyota 4Runner when they were stopped by Utah Highway Patrol Sergeant Jeff Chugg for what he considered were three violations of Utah’s

458 F.3d 1104 UNITED STATES of America, Plaintiff-Appellant,v.Gustavo OLIVARES-RANGEL, Defendant-Appellee. No. 04-2194. United States Court of Appeals, Tenth Circuit. August 11, 2006. Mark A. Saltman, Special Assistant United States Attorney, Las Cruces, NM, (David C. Iglesias, United States Attorney, District of