Cases

PER CURIAM.* Salvador Ayub-Sapien appeals the sentence imposed following his guilty plea conviction of being found in the United States after deportation/removal in violation of 8 U.S.C. § 1326. Ayub contends that 8 U.S.C. § 1326(a) and 8 U.S.C. § 1326(b) define separate offenses. He argues that the prior conviction that resulted in his increased sentence is an element of a separate offense under

(Reported below: 72 Fed. Appx. 219); (71 Fed. Appx. 428); (72 Fed. Appx. 984); (72 Fed. Appx. 995); (71 Fed. Appx. 433); (73 Fed. Appx. 694); (73 Fed. Appx. 72); (72 Fed. Appx. 991); (71 Fed. Appx. 418); (71 Fed. Appx. 430); (72 Fed. Appx. 982); (72 Fed. Appx. 225);

(Reported below: 72 Fed. Appx. 219); (71 Fed. Appx. 428); (72 Fed. Appx. 984); (72 Fed. Appx. 995); (71 Fed. Appx. 433); (73 Fed. Appx. 694); (73 Fed. Appx. 72); (72 Fed. Appx. 991); (71 Fed. Appx. 418); (71 Fed. Appx. 430); (72 Fed. Appx. 982); (72 Fed. Appx. 225);

PATRICK E. HIGGINBOTHAM, Circuit Judge: Hector Venegas-Sapien, convicted of transporting and conspiring to transport illegal aliens, argues that the United States Border Patrol violated the Fourth Amendment by stopping his truck at a temporary highway checkpoint without reasonable suspicion of criminal conduct, a stop he urges is analogous to one by a roving patrol. Guided by

JAMES EDWARD WELSH, Judge. Andrew Sapien appeals his conviction for two counts of statutory sodomy in the first degree involving his sister and stepbrother. Sapien makes three arguments: first, that the circuit court erroneously admitted testimony concerning an uncharged crime to explain a witness’s delayed re-potting of one of Sapien’s offenses; second, that the circuit court erroneously admitted evidence concerning the dispo

JAMES O. BROWNING, UNITED STATES DISTRICT JUDGE *744THIS MATTER comes before the Court on the Sealed Objections to the Pre-Sentence Investigation Report and Request for a Downward Departure or Variance Submitted on Behalf of Defendant Benito Castillo-Nava, filed July 12, 2017 (Doc. 913)("Objections"). The primary issue is wheth

*1132 MEMORANDUM OPINION AND ORDER JAMES 0. BROWNING, District Judge. THIS MATTER comes before the Court on the Defendants’ Joint Motion to Compel Specific Discovery, filed August 30, 2013 (Doc. 334) (“Motion”). The Court held a hearing on April 17, 2014. The primary issue is whether the Court should compel Plaintiff United States of Am

480 F.Supp.2d 1271 (2007) J.C. HUNT, Plaintiff, v. Robert SAPIEN, et al., Defendants. No. 05-3004-JWL. United States District Court, D. Kansas. March 29, 2007. *1272 Timothy J. Muir, The Muir Law Firm, LLC, Overland Park, KS, for Plaintiff. Trevin E. Wray, Office of Attorney General, Topeka, KS, for Defendants.

MEMORANDUM OPINION AND ORDER JAMES O. BROWNING, District Judge. THIS MATTER comes before the Court on: (i) the Plaintiffs Amended Notice of Intention to Offer Expert Testimony, filed July 26, 2011 (Doc. 56); and (ii) Defendant Gutierrez-Castro’s Response to Governments [sic] Notice of Intention to Offer the Expert Testimony of James McNutt, filed August 4, 2011 (Doc. 66). The Court held a he

441 F.Supp.2d 1108 (2006) UNITED STATES of America, Plaintiff, v. Cesario JUAREZ—TORRES and Teresa Betancourt—Perez Defendant. Nos. CR-05-2270 MV, CR-05-2271 MV. United States District Court, D. New Mexico. July 21, 2006. *1109 Phillip G. Sapien, Esq, Sapien Law LLC, Albuquerque, for Cesario Juarez—Torres (1) aka Byron Garcia—Och

(Slip Opinion) Cite as: 603 U. S. ____ (2024) 1 Per Curiam NOTICE: This opinion is subject to formal revision before publication in the United States Reports. Readers are requested to notify the Reporter of Decisions, Supreme Court of the United States, Washington, D. C. 20543, pio@supremecourt.gov, of any typographical or other formal errors. SUPREME COURT OF THE UNITED STATES

PRELIMINARY PRINT Volume 603 U. S. Part 1 Pages 324–368 OFFICIAL REPORTS OF THE SUPREME COURT June 27, 2024 Page Proof Pending Publication REBECCA A. WOMELDORF reporter of decisions NOTICE: This preliminary print is subject to formal revision before the bound volume is published. Users are

Appellate Case: 21-3043 Document: 010110713926 Date Filed: 07/20/2022 Page: 1 FILED United States Court of Appeals Tenth Circuit PUBLISH July 20, 2022 UNITED STATES COURT OF APPEA

James O. Browning, UNITED STATES DISTRICT JUDGE *1277THIS MATTER comes before the Court on: (i) the Restricted Motion to Obtain Physical and Mental Health Records, filed March 27, 2018 (Doc. 1985)("Health Records Motion"); and (ii) the Motion in Opposition to Disclosure of the Defendant's Redacted Mental and Physical Healt

SHEPHERD, Circuit Judge. After the death of Samantha Flute's newborn baby due to combined drug toxicity , the United States charged her with one count of involuntary manslaughter committed within Indian Country, in violation of 18 U.S.C. §§ 1112 and 1153. Flute filed a motion to d

OPINION OF THE COURT ROAN, Judge: In accordance with his pleas, a general court-martial composed of officer and enlisted members convicted the appellant of one specification of the attempted killing of an unborn child,1 larceny of personal property valued at less than $500.00, arson, and assault consummated by a battery, in violation of Articles 119a, 121,126, and 128, UCMJ, 10 U.S

635 F.3d 1074 (2011) UNITED STATES of America, Appellee, v. Lisa M. MONTGOMERY, Appellant. No. 08-1780. United States Court of Appeals, Eighth Circuit. Submitted: September 22, 2010. Filed: April 5, 2011. *1078 Frederick A. Duchardt, Jr., Trimble, MO, argued (John G. Gromowsky, Kansas City, MO, on the brief), for

*1259ORDER GRANTING MOTION TO DISMISS William P. Lynch, United States Magistrate Judge Clay Sheff has filed a petition for judicial review of the Department of Justice’s (DOJ) denial of his claim for payment of benefits under the Radiation Exposure Compensation Act (RECA or the Act), 42 U.S.C; § 2210 note (2012). 'The parties dispute whether Sheff

GOULD, Circuit Judge: This is a case about the ancient human remains of a man who hunted and lived, or at least journeyed, in the Columbia Plateau an estimated 8340 to 9200 years ago, a time predating all recorded history from any place in the world, a time before the oldest cities of our world had been founded, a time so ancient that the pristine and untouched land and the primitive cultures that may have lived on it are not

ORDER The opinion published at 357 F.3d 962 (9th Cir.2004) filed on February 4, 2004 is amended so that footnote 20 should read: In so holding, we necessarily determine that no reasonable person could conclude on this record that Kennewick Man is “Native American” under NAG-PRA. See Allentown Mack Sales & Serv., Inc. v. NLRB, 522 U.S. 359, 366-67, 118 S.Ct. 818, 139 L.Ed.2d 797 (1998) (h