• United States v. Henderson

    Publication Date: 2010-02-22
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    Date Filed: 2010-02-17
    Court: 10th Cir.
    Judge: Lucero, Circuit Judge.
    Attorneys: For plaintiff:
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    Case Number: 09-8015

    PUBLISHBefore TACHA, SEYMOUR,and LUCERO, Circuit Judges.While executing a warrant to search Harold Henderson's home, law enforcement officers discovered child pornography on Henderson's computer

  • Copar Pumice Company, Inc v. Allan Morris; Davis Yantos; Mary Uhl

    Publication Date: 2011-04-07
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    Date Filed: 2011-04-06
    Court: 10th Cir.
    Judge: Lucero, Circuit Judge.
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    Case Number: 09-2296

    PUBLISHUnited States Court of Appeals Tenth CircuitElisabeth A. Shumaker Clerk of CourtBefore LUCERO, EBEL,and HARTZ, Circuit Judges.New Mexico Environment Department ("NMED") inspectors A

  • Elisabeth A. Shumaker TENTH CIRCUIT v. DOUGLAS LEE FROWNFELTER

    Publication Date: 2010-12-02
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    Date Filed: 2010-12-01
    Court: 10th Cir.
    Judge: Lucero, Circuit Judge.
    Attorneys: For plaintiff:
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    Case Number: 09-4211

    PUBLISHUNITED STATES COURT OF APPEALS FILEDClerk of CourtBefore KELLY, LUCERO, and HOLMES, Circuit Judges.This case is before us on direct appeal of a felony criminal conviction and senten

  • DMA International, Inc. v. Qwest Communications International, Inc.

    Publication Date: 2009-11-16
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    Date Filed: 2009-11-04
    Court: 10th Cir.
    Judge: Lucero, Circuit Judge
    Attorneys: For plaintiff:
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    Case Number: 08-1392

    PUBLISHBefore LUCERO, BALDOCK and MURPHY, Circuit Judges.In April 2004, appellant DMA International, Inc. ("DMA") entered into a contract to provide database research services to appellee Qwest

  • Hennagir v. Utah Dep't of Corrections

    Publication Date: 2009-09-16
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    Date Filed: 2009-09-10
    Court: 10th Cir.
    Judge: Lucero, Circuit Judge.
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    Case Number: 08-4087

    PUBLISHBefore BRISCOE, SEYMOUR, and LUCERO, Circuit Judges.This case requires us to determine whether a job function that is rarely required in the normal course of an employee's duties may none

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  • Southwest Stainless, LP v. Sappington

    Publication Date: 2009-09-25
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    Date Filed: 2009-09-21
    Court: 10th Cir.
    Judge: Lucero, Circuit Judge.
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    Case Number: 08-5127

    PUBLISHBefore KELLY, LUCERO, and HARTZ, Circuit Judges.This diversity case requires us to address the contours of covenants not to compete under Oklahoma law. When John R. Sappington and William

  • United States v. De La Cruz-Garcia

    Publication Date: 2010-01-11
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    Date Filed: 2010-01-05
    Court: 10th Cir.
    Judge: Lucero, Circuit Judge.
    Attorneys: For plaintiff:
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    Case Number: 08-2298

    PUBLISHBefore TACHA, LUCERO,and HARTZ, Circuit Judges.In this case we must decide whether a Colorado conviction for attempted sexual assault on a child is a "crime of violence" under the United

  • United States v. Pena-Montes

    Publication Date: 2009-12-11
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    Date Filed: 2009-12-07
    Court: 10th Cir.
    Judge: Lucero, Circuit Judge.
    Attorneys: For plaintiff:
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    Case Number: 08-2169

    PUBLISHBefore LUCERO, MURPHY, and O'BRIEN, Circuit Judges.This Fourth Amendment appeal arises from a traffic stop in Albuquerque, New Mexico. In the course of that stop, a police officer questio

  • United States v. Garcia

    Publication Date: 2009-09-04
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    Date Filed: 2009-08-24
    Court: 10th Cir.
    Judge: Lucero, Circuit Judge.
    Attorneys: For plaintiff:
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    Case Number: 08-2246

    PUBLISHBefore KELLY and LUCERO, Circuit Judges, and EAGAN,*fn1District Judge.Phillip Angel Garcia pled guilty to possession of a firearm and ammunition after a

  • James K. Conkleton v. Kevin Milyard, Warden, Sterling Corr. Facility; Aristedes Zavaras

    Publication Date: 2010-12-19
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    Date Filed: 2010-12-03
    Court: 10th Cir.
    Judge: Carlos F. Lucero Circuit Judge
    Attorneys: For plaintiff:
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    Case Number: 10-1257

    (D. Colo.) D.C. No. 1:08-CV-02096-ZLWORDER DENYING CERTIFICATE OF APPEALABILITY*fn1Before KELLY, EBEL,and LUCERO, Circuit Judges.James Conkleton, a state pri