Unpublished Decisions

U.S. v. Kellogg, 2012 WL 3570724 (8/21/12) (Col.) (8/21/12) (unpub'd) - The district court did not clearly err when it found the defendant could afford to pay a $100,000 fine, even though a couple of months after the entry of the judgment the district court found the defendant was not financially able to obtain counsel or a transcript. The 10th was "perplexed" about the conflicting rulings, but it was too late to change the judgment in light of the post-judgment findings and there was support in the record justifying the fine.

Awe v. Napolitano, 2012 WL 3553721 (8/20/12) (unpub'd) - Customs and Immigration Services denied the alien's naturalization petition on the ground that his 1983 drug conviction put him in a class of removable aliens. It didn't matter that the governor of Oklahoma pardoned the alien for that conviction. 8 U.S.C. § 1429 prevented the agency from reviewing the denial because the government began removal proceedings against the alien. So, the challenge to the naturalization denial was moot. The court could afford no relief.

U.S. v. Ricketts, 2012 WL 3553746 (8/20/12) (Okl.) (unpub'd) - The petitioner's Tenth Amendment challenge to his conviction was untimely. It was not a good excuse that he was waiting for the S. Ct. to decide in Bond v. U.S., 131 S. Ct. 2355 (2011), that individuals could raise Tenth Amendment challenges.

McClain v. Davis, 2012 WL 3553723 (8/20/12) (Col.) (unpub'd) - The plaintiff could not satisfy his filing fee obligations with postage stamps.