Unpublished Decisions
Mercado v. Wiley, 2007 WL 2309796 (8/14/07)(unpub'd) - The district court incorrectly charged the ยง 1983 prisoner plaintiff, as payment towards the filing fee, 20 % of the prisoner's six-month-deposit total in his prisoner account, instead of the correct 20% of his average monthly deposit.
U.S. v. Aguirre, 2007 WL 2372383 (8/21/07)(unpub'd) - The d.ct. was wrong to deny the defendant's Rule 41(g) motion for return of his property based solely on the prosecutor's assertion of what agents had told her. The prosecutor's assertions were unverified and not based on first-hand knowledge of what happened to the property. Unverified pleadings are not evidence.
Vaughn v. Calbone, 2007 WL 2309806 (8/14/07)(unpub'd) - The d.ct. applied the wrong standard when it held the petitioner's sentence was not cruel and unusual because it was within the state statutory limits. But, the 10th ruled a life sentence was not grossly disproportional to the defendant's possession of marijuana and meth offense, in light of his two prior drug felony convictions.
U.S. v. Campos-Guel, 2007 WL 2309773 (8/14/07)(unpub'd) - It was okay for the district court to refuse to recuse itself, even though, in front of the jury, the court told defense counsel it could not understand the point of counsel's cross and the court indicated at sentencing it might have called the defendant stupid at trial and nothing had happened since to change the court's opinion.
Jago v. Ortiz, 2007 WL 2358680 (8/20/07)(unpub'd) - The habeas petitioner requested the 10th to "put him on a stake and let the townspeople come and burn him." The 10th (Judge McConnell) responded: "Having neither the power to afford such a remedy ... nor the inclination to create the conditions upon which Mr. Jago might have an actual Eighth Amendment claim, we deny the request."
U.S. v. Aguirre, 2007 WL 2372383 (8/21/07)(unpub'd) - The d.ct. was wrong to deny the defendant's Rule 41(g) motion for return of his property based solely on the prosecutor's assertion of what agents had told her. The prosecutor's assertions were unverified and not based on first-hand knowledge of what happened to the property. Unverified pleadings are not evidence.
Vaughn v. Calbone, 2007 WL 2309806 (8/14/07)(unpub'd) - The d.ct. applied the wrong standard when it held the petitioner's sentence was not cruel and unusual because it was within the state statutory limits. But, the 10th ruled a life sentence was not grossly disproportional to the defendant's possession of marijuana and meth offense, in light of his two prior drug felony convictions.
U.S. v. Campos-Guel, 2007 WL 2309773 (8/14/07)(unpub'd) - It was okay for the district court to refuse to recuse itself, even though, in front of the jury, the court told defense counsel it could not understand the point of counsel's cross and the court indicated at sentencing it might have called the defendant stupid at trial and nothing had happened since to change the court's opinion.
Jago v. Ortiz, 2007 WL 2358680 (8/20/07)(unpub'd) - The habeas petitioner requested the 10th to "put him on a stake and let the townspeople come and burn him." The 10th (Judge McConnell) responded: "Having neither the power to afford such a remedy ... nor the inclination to create the conditions upon which Mr. Jago might have an actual Eighth Amendment claim, we deny the request."
posted by Anonymous at 8:53 AM
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