Hardy Anderson, Louisiana prisoner # 214350, appeals the district court's dismissal of his 42 U.S.C. § 1983 complaint. In the complaint, which was filed on May 23, 2005, Anderson alleged that he was injured on May 3, 2004, when he was attacked by another inmate... The defendant, Warden Tim Wilkerson, filed an answer and a motion for summary judgment. Based on the magistrate judge's recommendation, the district court concluded that Anderson's complaint was barred by the applicable... ......  

Ray Morales appeals the February 2008 18-month sentence imposed following revocation of his supervised release. He argues, for the first time on appeal, that the district court imposed a procedurally unreasonable sentence when it upwardly deviated from the recommended guidelines range without expressly stating that it specifically considered the 18 U.S.C. § 3553(a) factors or otherwise expressly stating any reasons for the sentence imposed... ... ... The underlying conviction was for the...  

Plaintiff-Appellant Ludonia M. Ray appeals the decision of the district court affirming the finding of the Administrative Law Judge (ALJ) that, despite Ray's inability to use her arms and hands on more than an occasional basis, there are a substantial number of available jobs in the state and national... ... ... economy which Ray can perform.1 Based on those findings, which were supported by testimony from a vocational expert, the ALJ ruled that Ray is not disabled within the meaning of the...  

Raul Portillo appeals his guilty plea conviction and life sentence for possession of cocaine with intent to distribute, arguing that he received ineffective assistance of counsel. Portillo pleaded guilty pursuant to a written agreement that included a waiver of appeal provision. Portillo acknowledges his appeal waiver but argues that the waiver excepted claims of ineffective assistance of counsel. The Government argues that Portillo's appeal waiver precludes him from bringing the instant...  

Crystal Munoz appeals her conviction following a jury trial for conspiracy to possess with intent to distribute 1000 kilograms of marijuana. Munoz was sentenced to a term of imprisonment of 235 months... Munoz argues that her Sixth Amendment right to confront and cross-examine witnesses was violated by the district court's prohibiting her counsel from questioning accomplice witnesses about their motive for testifying, in particular, about the potential reduction of their sentences if they...  

The Commissioner of Social Security ("Commissioner") denied Edna M. Strempel disability benefits under Title II of the Social Security Act (the "Act"), 42 U.S.C. § 423, and Strempel challenged the denial in district court. The court affirmed the Commissioner's denial, a decision that Strempel appeals. We affirm... ... ... I. Facts and Proceedings... On March 12, 2004, Strempel applied for disability insurance benefits, alleging a disability onset date of November 26, 2001,...  

Larry Andrew Cox appeals the sentence imposed following his guilty plea conviction of sexual abuse of a minor who was over twelve years of age but less than 16 years of age, in violation of 18 U.S.C. § 2243(a)(1). Cox argues that the district court abused its discretion by imposing an unreasonable sentence of 76 months of imprisonment, more than three times the upper end of the guidelines range of 18 to 24 months of imprisonment... ... ... The Government argues that Cox did not present...  

Jeffrey Mark Hicks appeals his guilty plea conviction for conspiracy to possess with intent to distribute more than five kilograms of cocaine. Hicks argues that his appeal is not barred by his appeal waiver and that the district court erred in denying his motion to withdraw his guilty plea... The appeal waiver signed by Hicks waived Hicks's right to appeal his sentence. Acknowledging this, the Government has invoked the waiver as to sentencing challenges; it does not seek to enforce any waiver...  

On February 10, 2003, Plaintiff-Appellant Linda Baldwin filed with the Equal Employment Opportunity Commission a charge of discrimination against her employer, Appellee Northrop Grumman Information Technology ("NGIT"). The EEOC issued Baldwin a right-to-sue letter on September 8, 2003, informing her she had 90 days to file suit in federal court. Baldwin did not do so, but waited until January 26, 2007 to file a pro se Title VII discrimination action against NGIT in state court. She...  

Defendant-appellant Lee Roy Chaney was convicted on two counts of distributing methamphetamine. Chaney appeals his judgment and sentence, arguing that the district court erred when it admitted both audio—video recordings of the drug transactions and a government-made transcript of the audio. For the following reasons, we affirm... ... ... I. FACTUAL AND PROCEDURAL BACKGROUND... In January 2006, Juan Hernandez was arrested for possession of methamphetamine. Shortly thereafter, he agreed...  

Plaintiff-Appellant Addie Stover ("Stover") appeals the Final Judgment entered pursuant to a jury verdict in favor of Defendant-Appellee Hattiesburg Public School District ("School District"), the denial of a motion for a new trial, and the district court's grant of attorney's fees to the School District. On appeal, Stover argues that (1) the district court made evidentiary errors during the trial, (2) the district court erroneously permitted the "same actor" jury...  

Viet Theo Nguyen appeals the 72-month sentence imposed following his guilty plea conviction for causing bodily injury to another person with the intent to retaliate against the person for providing law enforcement with information relating to the commission of a federal offense, in violation of 18 U.S.C. § 1513(b)(2). Nguyen argues that the sentence was unreasonable because the district court failed to account for a fact that should have received significant... ... ... weight, that is,...  

Before this court is an appeal of the district court's denial of two motions for preliminary injunctive relief arising out of the Vioxx Multidistrict Litigation. The plaintiff-appellants are a group of non-governmental, self-funded, ERISA health benefit providers. The appellants seek to enjoin distribution of interim payments from the settlement of the Vioxx Multidistrict Litigation until such time as the appellants are able to assert equitable rights against any of their... ... ... clients who...  

Alejandro Ponce-Lopez appeals from the sentence imposed for his guilty plea conviction for illegal reentry. Ponce-Lopez's 27-month sentence was within a properly calculated advisory guideline range that reflected an enhancement as a result of his prior felony conviction. Ponce-Lopez contends that in light of his personal circumstances and the circumstances surrounding his offense that his sentence is unreasonable because it was greater than necessary to achieve the sentencing goals set forth in...  

Maguerite Jean-Baptiste seeks review of the decision of the Board of Immigration Appeals (BIA) dismissing her appeal from the Immigration Judge's (IJ) denial of her application for asylum and withholding of removal... Jean-Baptiste argues that the BIA erred in upholding the IJ's determination that her testimony was not credible and denial of her asylum application for lack of corroborating evidence. Under 8 U.S.C. § 1158(b)(1)(B)(iii), the IJ was authorized, in light of the totality of...  

David Jackson was sentenced to death for murder. He appeals, arguing that (1) the district court refused to conduct a hearing to determine whether his due process rights were violated by prosecutorial delay; (2) the Federal Death Penalty Act ("FDPA") is unconstitutional; (3) the district court improperly dismissed two jurors during voir dire; (4) the court allowed improper testimony; (5) the court incorrectly excluded certain pieces of evidence; (6) the court unconstitutionally...  

George Whitehead, Jr. was convicted by a jury of possession of more than fifty grams of a mixture or substance containing a detectable amount of cocaine base with intent to distribute and being a felon in possession of a firearm. He appeals these convictions as well as the mandatory sentence of life imprisonment imposed under 21 U.S.C. § 841(b)(1)(A)... Whitehead argues that the district court erred in its determination that his confession was voluntary. He contends that law enforcement...  

Defendant-Appellant William Brent was found guilty on one count of possession with intent to distribute cocaine base, one count of possession of a firearm in furtherance of a drug trafficking crime, and three counts of possession of a firearm by a felon. He was sentenced to a total of life imprisonment and 60 months, set to run consecutively, and now challenges several aspects of his trial and conviction. For the reasons set forth below, we affirm... ... ... I. FACTS AND PROCEEDINGS... On June...  

A jury convicted Amir Moghaddam of conspiring to possess with intent to distribute one or more kilograms of heroin and possession of more than 100 grams but less than one kilogram of heroin with intent to distribute, in violation of 18 U.S.C. §§ 841, 846 (2002). On appeal, Moghaddam contends that the district court erred in three respects: (1) by denying him the opportunity to testify and consult with his attorney before finding him competent to stand trial;... ... ... (2) by finding...  

Maricela Hernandez and Gabriel Limon appeal the sentences imposed following their jury conviction of conspiring, with each other and others, to possess with intent to distribute 100 kilograms or more of a mixture or substance containing marijuana... Maricela Hernandez... First, Hernandez argues that the district court committed mathematical error by adding the 81.6 kilograms of marijuana set forth in Presentence Report... ... ... (PSR) paragraph 41 to the quantity of 966.31 kilograms. She...