Decisions

UNITED STATES v. OSVALDO CALDERIN-PASCUAL

UNITED STATES OF AMERICA v. OCTAVIO JIMENEZ-MARQUEZ

The Tenth Circuit affirmed Octavio Jimenez-Marquez's conviction for possessing firearms in furtherance of a drug-trafficking crime, finding the evidence sufficient under established factors. The court also rejected a constitutional vagueness challenge, clarifying that the 'in furtherance of' standard provides fair notice to defendants.

GULLIVER'S TAVERN, INC. D/B/A FOXY LADY v. FOXY LADY, INC. D/B/A FOXY LADY COFFEE: GULLIVER’S TAVERN, INC. D/B/A FOXY LADY v. FOXY LADY, INC. D/B/A FOXY LADY COFFEE

The Ninth Circuit affirmed the district court's denial of a default judgment on trademark infringement claims, finding no clear error in the lower court's analysis of likelihood of confusion. The appellate panel upheld the dismissal of the plaintiff's claims, ruling that the marks were not sufficiently similar and the businesses were geographically isolated.

DAVID MILLER; SABRINA MILLER v. TYSONS WATCH AND JEWELRY EXCHANGE; ROSE BOUCHARD; JERRY BOUCHARD; JESUS' CHEVUS: DAVID MILLER; SABRINA MILLER v. TYSONS WATCH AND JEWELRY EXCHANGE; ROSE BOUCHARD; JERRY BOUCHARD; JESUS’ CHEVUS

The Fourth Circuit dismissed an appeal as untimely because the appellants failed to file their notice of appeal within the mandatory thirty-day period. The court also affirmed the denial of a one-day extension, rejecting the argument that mailing the notice via FedEx satisfied federal filing requirements.

Robinson v. National Collegiate Athletic Association

The Fourth Circuit vacated a preliminary injunction that had allowed student-athletes to play despite the NCAA's JUCO Rule, holding that the district court applied the wrong legal standard. The appellate court ruled that eligibility rules must be analyzed under the full 'rule of reason' framework rather than a simplified quick-look approach, requiring a complete factual record before determining if the rules unreasonably restrain trade.

UNITED STATES OF AMERICA v. CHRISTOPHER MILLER

The Third Circuit affirmed Christopher Miller's sentence for bank fraud and identity theft, ruling that while the District Court erred in its legal analysis of the Sentencing Guidelines, the mistake was harmless. The appellate court held that applying the correct ambiguity standard still supported the five-participant enhancement based on the aggregate involvement of participants and non-participants.

UNITED STATES OF AMERICA v. KEVIN LEE ROSS

The First Circuit affirmed Kevin Lee Ross's conviction for possessing child pornography, ruling that the district court properly admitted graphic exhibits despite a joint stipulation. The court held that the evidence was necessary to prove Ross's knowledge of the illicit material, which he denied, and that its probative value was not substantially outweighed by unfair prejudice.

Jerry Lee King v. R. Villegas; P. Cruz; J. Curry

The United States Court of Appeals for the Ninth Circuit has ordered a rehearing of this case en banc. The original three-judge panel opinion is hereby vacated.

Barnett v. Regalado

The United States Court of Appeals for the Tenth Circuit dismissed this appeal for lack of prosecution. The court denied all pending motions as moot and issued a mandate to the lower court.

Fernando M. Ramirez Lastrico v. Merit Systems Protection Board

The United States Court of Appeals for the Federal Circuit dismissed a petition for review of the Merit Systems Protection Board. The dismissal occurred because the petitioner failed to pay the required docketing fee within the time permitted by court rules.