Cases

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT JOSE ABEL FIERRO, No. 19-16786 Plaintiff-Appellant, D.C. No. v. 2:13-cv-02173- JJT KEITH SMITH, Security Operations Administrator at Phoenix Division Director’s Office; MARLENE OPINION COFFEY; PRUETT, D.W.; L. FORESTER, D.W.; ROS

PER CURIAM: * Appealing the Judgment in a Criminal Case, Jose Navarrete-Fierro (Navarrete) raises arguments that are foreclosed by Almendarez-Torres v. United States, 523 U.S. 224, 235, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998), which held that 8 U.S.C. § 1326(b)(2) is a penalty provision and not a separate criminal offense. Navarrete also raises arguments that are foreclosed by United St

JERRY E. SMITH, Circuit Judge: Sergio Armando Fierro-Reyna pleaded guilty of illegal reentry after deportation in violation of 8 U.S.C. § 1326. He challenges his sentence. We vacate and remand for resentencing. *326 I. The issue is the impact on Fierro-Rey

2009 OK CIV APP 62 ELIAS JOHN FIERRO, Plaintiff/Appellant, v. LINCOLN GENERAL INSURANCE COMPANY, Defendant/Appellee, and BALJEET S. SANGHA; and GERMAN DIAZ, d.b.a. GD TRANSPORT, INC., Defendants. Case Number: 106677 Court of Civil Appeals of Oklahoma, Division 1 Decided: May 8, 2009 Mandate Issued: July 10, 2009 Brent D. Berry, CARR & CARR,

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NOS. WR-17,425-03 & WR-17,425-06 EX PARTE CESAR ROBERTO FIERRO, Applicant ON APPLICATIONS FOR WRITS OF HABEAS CORPUS IN THE 120TH DISTRICT COURT EL PASO COUNTY K EASLER, J., delivered the opinion for a unanimous Court. OPINION We filed and set A

465 N.W.2d 669 (1990) John J. FIERRO, Appellant, v. Janan HOEL, Appellee. No. 89-1570. Court of Appeals of Iowa. December 27, 1990. *670 Thomas T. Tarbox of Smith, Schneider, Stiles, Mumford, Schrage, Zurek, Wimer & Hudson, P.C., Des Moines, for appellant. Robert G. Bridges of Bridges & Frampton, Des Moines, for ap

WILBUR, Justice. [¶ 1.] In this intermediate appeal, we examine a magistrate court’s suppression of blood evidence seized without a warrant pursuant to South Dakota’s implied consent statutes. We affirm the suppression of the blood evidence. FACTS AND PROCEDURAL BACKGROUND [¶ 2.] On the evening of August 4, 2013, Shauna Fierro wa

IN THE COURT OF APPEALS OF IOWA No. 15-0684 Filed February 8, 2017 STATE OF IOWA, Plaintiff-Appellee, vs. IVAN FERNANDO FIERRO, Defendant-Appellant. ________________________________________________________________ Appeal from the Iowa District Court for Black Hawk County, Andrea J. Dryer, Judge. Ivan Fierro appeals his conviction for second-degree sexual abuse. AFFIRMED.

* Pursuant to California Rules of Court, rules 8.1100 and 8.1110, this opinion is certified for publication with the exception of part 2 of the Statement of the Facts and part 2 of the Discussion. [EDITORS' NOTE: TEXT NOT CERTIFIED FOR PUBLICATION APPEARS WITH GRAY BACKGROUND BELOW.] OPINION INTRODUCTION Appellant Alejandro Fierro appeals from his co

New Mexico Office of the Director Compilation '00'07- 08:48:23 2024.02.13 Commission IN THE COURT OF APPEALS OF THE STATE OF NEW MEXICO Opinion Number: 2024-NMCA-016 Filing Date: November 30, 2023 No. A-1-CA-40605 STATE OF NEW MEXICO, Plaintiff-Appellee, v. MICHAEL

*584 OPINION & ORDER PAUL A. ENGELMAYER, District Judge: Plaintiff Rosa Fierro (“Fierro”), a former employee of the New York City Department of Education (“DOE”), brings this action pursuant to 42 U.S.C. § 1983 against the DOE and Margarita Colon (“Colon”), the principal of the school at which Fierro once worked as a teacher (collective

PREGERSON, Circuit Judge: Plaintiffs, three California inmates sentenced to death, brought this action under 42 U.S.C. § 1983. The inmates alleged that California’s method of execution, lethal gas, constitutes cruel and unusual punishment and thus violates the Eighth and Fourteenth Amendments of the federal Constitution. The United States District Court for the Northern District of California held that, to the extent that th

MEMORANDUM OPINION AND ORDER Judith C. Herrera, UNITED STATES DISTRICT JUDGE This matter came before the Court on Defendants’ Motion for Summary Judgment and Memorandum in Support [Doc. No. 38], as well as Plaintiffs Motion to Strike Sham Defense Argument Or, Alternatively,' Request to Respond/Surreply [Doc. No. 51]. The motions present two issues. First, the Court must determine whet

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _____________________ No. 98-50562 _____________________ CESAR ROBERTO FIERRO, Petitioner-Appellant, versus GARY L. JOHNSON, Director, Texas Department of Criminal Justice, Institutional Division,

77 F.3d 301 64 USLW 2548, 96 Cal. Daily Op. Serv. 1280,96 Daily Journal D.A.R. 1987 David FIERRO; Alejandro Gilbert Ruiz; and Robert AltonHarris, as individuals and on behalf of themselvesand all others similarly situated,Plaintiffs-Appellees,v.James GOMEZ, as an individual and in his capacity asDirector, California Department of Corrections; and ArthurCalderon, as an individual, and i

101 Ariz. 118 (1966) 416 P.2d 551 The STATE of Arizona, Appellee v. Robert FIERRO, Appellant. No. 1587. Supreme Court of Arizona, En Banc. July 14, 1966. Darrell F. Smith, Atty. Gen., Gary K. Nelson, Asst. Atty. Gen., Phoenix, Jack I. Redhair, Deputy County Atty., Tucson, for appellee. Octavio G. Marquez, Michael J. Brown, Tucson, for

NO. 07-04-0560-CV IN THE COURT OF APPEALS FOR THE SEVENTH DISTRICT OF TEXAS AT AMARILLO PANEL D AUGUST 4, 2005 ______________________________ MICHAEL LOU GARRETT, APPELLANT

636 So.2d 1329 (1994) James BLORE, Petitioner, v. Eugene J. FIERRO, Judge, etc., et al., Respondents. No. 81884. Supreme Court of Florida. May 19, 1994. *1330 Bennett H. Brummer, Public Defender, and Julie M. Levitt, Sp. Asst. Public Defender, Eleventh Judicial Circuit, Miami, for petitioner. Robert A. Butterworth, Atty. G

*200Opinion ARABIAN, J. Defendant David Rey Fierro was convicted by a jury of first degree murder (Pen. Code, § 187)1 and two counts of robbery (§ 211). The jury found true the special circumstance allegation that the murder was committed during the perpetration of a robbery (§ 19

110 F.3d 74 97 CJ C.A.R. 530 NOTICE: Although citation of unpublished opinions remains unfavored, unpublished opinions may now be cited if the opinion has persuasive value on a material issue, and a copy is attached to the citing document or, if cited in oral argument, copies are furnished to the Court and all parties. See General Order of November 29, 1993, suspending 10th Cir. Rule 36.3 until December 31, 1995, or