Cases

Petition for writ of certio-rari to the United States Court of Appeals for the Fourth Circuit denied. Same case below, 626 F.3d 203.

626 F.3d 203 (2010) UNITED STATES of America, Plaintiff-Appellee, v. Edith HERNANDEZ-MENDEZ, Defendant-Appellant. No. 09-4511. United States Court of Appeals, Fourth Circuit. Argued: September 24, 2010. Decided: November 29, 2010. *205 ARGUED: Joanna Beth Silver, Office of the Federal Public Defender, Baltimore,

MEMORANDUM AND OPINION REVERCOMB, District Judge. This dispute, which is before the Court on dispositive cross-motions, arises out of the prospectively-determined per diem rate system by which the Civilian Health and Military Program of the Uniformed Services (“CHAMPUS”), 10 U.S.C. §§ 1071-1104, reimburses hospitals providing inpatient mental health services to CHAMPUS beneficiaries. In essence, the disput

*11MEMORANDUM AND ORDER REVERCOMB, District Judge. I. BACKGROUND This case is before the Court on cross motions for summary judgment. The plaintiff, a health care provider doing business as Laurel Ridge Hospital, provides inpatient psychiatric services under the Civilian Health and Military Program of the Uniformed Services (“CHAMPUS

EDITH BROWN CLEMENT, Circuit Judge: During an attempted arrest and the ensuing violent struggle, Juan Mendez, Jr., was shot to death by a Border Patrol Agent, Taylor Poitevent. Mendez’s relatives sued Poitevent for, among other things, excessive force in violation of the Fourth Amendment. As relevant here, they also asserted various intentional tort claims against the United Stat

EDITH H. JONES, Circuit Judge: Rafael Mendez, convicted of harboring illegal aliens, appeals only from the district court’s denial of his motion to suppress evidence. He challenges the constitutionality of law enforcement officers’ entry of his home and investigation to confirm the presence of illegal Brazilian immigrants. We hold that the government agents’ investigatory procedur

709 F.Supp. 329 (1989) Minerva MENDEZ-BELLIDO, as mother and natural guardian of Cynthia Mendez, an infant over the age of fourteen years, to wit: seventeen years of age, Janie Mendez, an infant under the age of fourteen years, to wit: eleven years of age and Jessica Mendez, an infant under the age of fourteen years, to wit: seven years of age, Plaintiffs, v. BOARD OF TRUSTEES OF DIVISION 1181, A.T.U. NEW YORK EMPLOYEES PENSION FUND AND PLAN and

524 F.Supp.2d 150 (2007) Enrique ACEVEDO-FELICIANO, Carlos Concepcion-Chaparro, Eileen B. Sanchez-Feliciano, Jose A. Mendez-Valle, Angel Castro-Gonzalez, Miguel A. Cortes-Roman, William Rosa-Figueroa, Miguel Torres-Perez, Edwin Acevedo-Acevedo, Raul Paneto-Toro, Gilberto Vargas-Rios, Amilcar Muñiz-Rosado, Adelaida Rosario-Galloza, Angel L. Jimenez-Acevedo, Edwin Villarrubia-Soto, Jose Villanueva-Rodriguez, Jose A. Cuevas Heranndez, Elba I. Quintana-Roman

917 So.2d 422 (2006) WOODLANDS GOLF ASSOCIATION, INC., Appellant, v. Marilyn BADER, Marilyn (Myra) Berman, Edith Brown, Lila Charles, David Collier, Lawrence Gillman, Howard Gordon, Selma Herbst, Herbert Kislin, Myron Levenson, Joel Lubin, Gerald Locasale, Ronald Mintz, William Morse, Lewis Passman, Archie Ross, Manny Salem, Thomas Schulkind, Stephen Schwartz, Rhoda Seymour, Mark Silverman, Anthony Titone and Taylor White, Appellees.

MEMORANDUM ** We have reviewed the response to the court’s October 7, 2005 order to show cause, and we conclude that petitioners Marcos Palacios Montano, A95-176-661, and Edith Aguilar Palacios, A95-176-660, have failed to raise a colorable constitutional claim to invoke our jurisdiction over this petition for review. See Falcon Carriche v. Ashcroft, 350 F.3d 845 (9th Cir. 2003); Torres-Aguilar

FILED FOR PUBLICATION DEC 23 2013 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 12-10132 Plaintiff - Appellee, D.C. No. 4:11-cr-023

In The Court of Appeals For The First District of Texas ———————————— NO. 01-18-00846-CV ——————————— DAVID GORDON SCHMIDT D/B/A ABC BONDING COMPANY AND GREENBRIAR EQUITIES, LLC, Appellants V. BRENDA CRAWFORD, CARLOS PEREZ, ANTHONY WILLIAMS, ANNIE J. BUTLER, ANTHO

PER CURIAM. This appeal from a grant of summary judgment in a political discrimination case under 42 U.S.C. § 1983 raises one procedural and one substantive issue. The procedural issue concerns the district court’s decision to reject the plaintiffs’ opposition to summary judgment as untimely, and the substantive issue concerns the district court’s ultimate ruling that the defendan

The defendant, Steven Stephen, appeals from his convictions of one count of unlawful possession of a firearm, one count of unlawful possession of a loaded firearm, and an armed career criminal enhancement.3 We affirm. Background. The following facts are drawn from the motion judge's decision and order, with additional details reserved for discussion of the issues. In January, 2014, Boston police began inv

Case: 24-30457 Document: 68-1 Page: 1 Date Filed: 05/08/2025 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit ____________ FILED May 8, 2025

OPINION BENNETT, District Judge: Lidia Rodriguez appeals her conviction and sentence for transporting an illegal alien for financial gain in violation of 8 U.S.C. . §§ 1324(a)(l)(A)(ii) and 1324(a)(l)(B)(i), She was arrested at a Border Patrol checkpoint on 1-19 between Nogales and Tucson, Arizona, after the passenger in her vehicle admitted the B1/B2 b

PROCEEDINGS (in chambers): ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT [Docket No. 27] THE HONORABLE S. JAMES OTERO, UNITED STATES DISTRICT JUDGE This matter is before the Court on Defendant State Farm General Insurance Company’s (“State Farm” or “Defendant”) Motion for Summary Judgment (“Motion”) filed October 17, 2016. Plaintiff Roxanne Gorzela (“Gorzela” or “Plaintiff’) filed an Oppositio

207 P.3d 804 (2009) The STATE of Arizona, Appellee, v. Lemon Montrea JOHNSON, Appellant. No. 2 CA-CR 2006-0079. Court of Appeals of Arizona, Division 2, Department B. May 21, 2009. *805 Terry Goddard, Arizona Attorney General By Kent E. Cattani and Joseph L. Parkhurst, Tucson, Attorneys for Appellee. Robert J. Hirsh, Pima

*613 EDITH BROWN CLEMENT, Circuit Judge: Art Midwest, Inc. and American Realty Trust, Inc. (“ART”) (collectively, the “ART entities”), entered into an agreement with David M. Clapper, Atlantic Midwest, L.L.C. (“Atlantic Midwest”), and Atlantic XIII, L.L.C. (collectively, the “Clapper entities”) to purchas

JERRY E. SMITH, Circuit Judge, joined by EDITH H. JONES and EDITH BROWN CLEMENT, Circuit Judges, dissenting: We respectfully dissent for the reasons ably explained by Judges JONES, CLEMENT, and ELROD. The en banc court is gravely fractured and without a consensus. There is no majority opinion, but only a plurality opinion that draws six separate dissenting opinions and a special concurrence.