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Matthew Gary Richardson v. United States of America Eastern District of Tennessee - Federal Courthouse - Knoxville, Tennessee

Petitioner Matthew Richardson appeals the district
court’s denial of his 28 U.S.C. § 2255 motion to set aside his sentence, challenging his
>
No. 17-5517 Richardson v. United States Page 2
designation as an armed career criminal under 18 U.S.C. § 924(e), the Armed Career Criminal
Act (“ACCA”). We AFFIRM.
I. BACKGROUND
In 2012, after attempting to sell a sawed-off shotgu... More...
   $0 (05-16-2018 - TN)

STATE OF OHIO - vs - DONALD WILLIAM DEWEES

Defendant-appellant, Donald W. DeWees, appeals his convictions and
sentences following a jury trial in the Trumbull County Court of Common Pleas for
Attempted Rape and Kidnapping. The issues before this court are whether charges for
Kidnapping and Attempted Rape merge where the victim has been moved to a secretive
confinement before the attempt is made to avoid detection and w... More...
   $0 (05-04-2018 - OH)

ARCH COAL, INC. v. R. ALEXANDER ACOSTA, IN HIS OFFICIAL CAPACITY AS SECRETARY OF LABOR AND DEPARTMENT OF LABOR

The BLBA imposes liability on coal mine operators for payment of monthly benefits to coal miners who contract pneumoconiosis, or black lung disease, from their employment in the mines. See 30 U.S.C. §§ 922(a), 932(c). In order for an operator to be held liable, it must have employed the miner for at least one year and be “capable of assuming its liability for a claim.” 20 C.F.R. § 725.494(c), (e) ... More...   $0 (04-28-2018 - DC)

STATE OF LOUISIANA V. CHRISTOPHER HUTSELL

In March 2015, Mr. Hutsell and the victim, Julia Anderson (―Ms.
Anderson‖), had been in a romantic relationship for about twenty-one or twenty
two days. Both were part of a traveling community and were in New Orleans
during this time period. On March 19, 2015, around 10:00 p.m., the couple, along
with their three dogs, were in the parking lot of the McDonald‘s (... More...
   $0 (04-22-2018 - LA)

STATE OF KANSAS v. SHANE TRAVERS GARRETT

Garrett does not claim the district court erred in treating his California crime as a felony. He limits his argument to whether his California crime should be treated as a person crime. He claims that Kansas does not have a comparable burglary statute, so his California conviction must be classified as a nonperson crime.

Garrett raises an issue of statutory interpretation under the Ka... More...
   $0 (04-18-2018 - KS)

STATE OF KANSAS v. GERARDO G. SAUCEDO

Saucedo's prior Washington felony conviction was for a residential burglary under Wash. Rev. Code Ann. § 9A.52.025(1). On appeal he argues that the district court erred in classifying this prior conviction as a person felony. He claims that because two elements of the Washington conviction are broader than the elements of the comparable Kansas crime, the district court engaged in improper judicial... More...   $0 (04-17-2018 - KS)

BRIAN SKENDER V. UNION PACIFIC RAILROAD COMPANY

This is the third time this case is before us on appeal. The underlying facts are not
complicated. On July 11, 2012, Skender, a UPRR employee, was injured while working at
a UPRR repair track in Pine Bluff, Arkansas. From this injury, Skender filed separate causes
of action under FELA. He timely filed and served his first FELA cause of action against
UPRR on October 25, 2013. (35C... More...
   $0 (04-16-2018 - AR)

STATE OF KANSAS v. SCOTT HARRIS KOBEL

On July 14, 2013, the State charged Kobel with aggravated kidnapping, rape, and attempted rape. Pursuant to a plea agreement, the State submitted an amended information, charging Kobel with aggravated battery, a severity level 4 person felony. The agreement was for Kobel to plead guilty to the amended information and, believing his criminal history score was A, the State would not oppose or reques... More...   $0 (04-14-2018 - KS)

Rodeo Citizens Association v. County of Contra Costa, Phillips 66 Company, Real Party in Interest Contra Costa County Courthouses - Martinez, California

The County of Contra Costa (the county) certified an environmental impact report
(EIR) and approved a land use permit for a “Propane Recovery Project” at an oil refinery
owned and operated by Phillips 66 Company (Phillips) in Rodeo, California. In response
to consolidated petitions filed by Rodeo Citizens Association (Citizens) and others,1
the trial court issued a peremptory writ ... More...
   $0 (04-14-2018 - CA)

Sawyer Brothers, Inc. v. Island Transporter, LLC District of Maine Federal Courthouse - Portland, Maine

Sawyer Brothers, Inc. hired
Island Transporter, LLC to ferry three construction vehicles and
their drivers from Rockland, Maine to North Haven, Maine. The M/V
ISLAND TRANSPORTER encountered rough seas while traversing
Penobscot Bay, and two of the vehicles tipped over onto the
vessel's port bulwark. Sawyer Brothers, Inc., and its owners Ryan
and Ross Sawyer (collectively, "... More...
   $0 (04-12-2018 - ME)

Laura Wood v. Union Pacific Railroad Co. Morelaw Internet Marketing for Legal Professionals MoreLaw Will Make Your Phone Ring $0 to $1000+ Per Month - No Contract 888-354-4529

Denver, CO - Laura Wood, in her capacity as Personal Representative of the Estate of Peter Graham Wood, sued the Union Pacific Railroad Company on a civil rights Americans With Disabilities Act employment discrimination theory.... More...   $0 (04-09-2018 - CO)

STATE OF KANSAS v. LARRY G. LEDOUX

In December 2016, Ledoux pled guilty in the Johnson County District Court to a single charge of burglary of a dwelling committed in May 2013. About a month after the plea, the district court sentenced him to serve a mitigated 30-month prison sentence and 12 months of postrelease supervision. Ledoux's sentence was based on his new severity level 7 person felony conviction and the category A crimina... More...   $0 (04-07-2018 - KS)

Sage Annunziata and Michael Bevilacqua v. National Railroad Passenger Corporation, d/b/a Amtrak and Mark Bartek Morelaw Internet Marketing for Legal Professionals MoreLaw Will Make Your Phone Ring $0 to $1000+ Per Month - No Contract 888-354-4529

New Haven, CT - Sage Annunziata and Michael Bevilacqua sued National Railroad Passenger Corporation, d/b/a Amtrak and Mark Bartek on auto negligence theories.... More...   $0 (04-06-2018 - CT)

The Railroad Commission of Texas v. Polk Operating, LLC

Polk is licensed by the Commission to recycle nonhazardous oil and gas waste at a
facility in Karnes County, Texas. In late 2016, the Commission brought an enforcement proceeding
against Polk after Commission staff determined that Polk’s storage pits were inadequately lined and
over capacity.
During the course of the Commission proceedings, intervenor Evergreen
Underground Wat... More...
   $0 (04-02-2018 - TX)

STATE OF KANSAS v. JAMIE ZINNEL

In 2016 Zinnel pled no contest to one count of burglary under K.S.A. 2015 Supp. 21-5807(a)(2), (c)(1)(B), a severity level 7 nonperson felony. Zinnel's PSI reflected six 2006 convictions for third-degree burglary in Iowa—four of which were classified as person felonies for sentencing in Kansas. At sentencing the district court determined that Zinnel had a criminal-history score of A. Zinnel did no... More...   $0 (03-30-2018 - KS)

Mathew W. McCallister v. State of Indiana

We recite the facts most favorable to the judgment. During February 2014, Defendant, Mathew McCallister, lived with his girlfriend, Kelli Wyrick, in a series of hotels in Evansville, Indiana. Also living in Evansville hotels then were their friends Shawn Grigsby and Grigsby�s girlfriend. The two couples would sometimes visit each other�s rooms to use illegal drugs. On February 16, the couples ... More...   $0 (03-28-2018 - IN)

DEVERON SHIVELY V. COMMONWEALTH OF KENTUCKY

Misty Shirley had been staying with her fian:ce's daughters, Courtney and
Carrie. Courtney's boyfriend, D.J., had been in an altercation with Misty's
fiance after he and two unidentified males entered Courtney and Carrie's
apartment looking for pills. After the altercation, Misty decitj.ed to leave
Courtney and Carrie's apartment and s_tay with other friends. D .J. called Misty... More...
   $0 (03-25-2018 - KY)

STATE OF KANSAS v. ROY D. WETRICH Morelaw Internet Marketing for Legal Professionals MoreLaw Can Make Your Phone Ring 888-354-4529

For acts committed between January 1, 2009 and April 24, 2009, Wetrich was convicted by a Johnson County jury of kidnapping, two counts of aggravated assault, criminal possession of a firearm, possession of marijuana, violation of a protective order, domestic battery, and intimidation of a witness. The district court sentenced Wetrich to a controlling sentence of 124 months in prison, based on a c... More...   $0 (03-20-2018 - KS)

Chris G. Berninger v. National Railroad Passenger Corporation Morelaw Internet Marketing for Legal Professionals MoreLaw Can Make Your Phone Ring 888-354-4529

Tacoma, WA - Chris G. Berninger v. National Railroad Passenter Corporation, d/b/a Amtrak on a negligence theory.... More...   $0 (03-19-2018 - WA)

Dorothy Altman v. National Railroad Passenger Corporaton, d/b/a Amtrak Morelaw Internet Marketing for Legal Professionals MoreLaw Can Make Your Phone Ring 888-354-4529

Hammond, IN - Dorothy Altman sued National Railroad Passenger Corporaton, d/b/a Amtrak on a negligence theory.... More...   $0 (03-19-2018 - IN)

United States of America v. David Robert McFarland Western District of Oklahoma Federal Courthouse - Oklahoma City, Oklahoma

David McFarland appeals the district court’s order revoking his supervised
release pursuant to 18 U.S.C. § 3583. He contends that he was denied his right of
cross-examination at the preliminary hearing and that the evidence was insufficient to
support the criminal allegations underlying the revocation. We dismiss the first
argument for lack of jurisdiction and affirm on the second.... More...
   $0 (03-10-2018 - OK)

Jose Duran Rivas v. National Railroad Passenger Corporation Morelaw Internet Marketing for Legal Professionals MoreLaw Can Make Your Phone Ring 888-354-4529

Los Angeles, CA - Jose Duran Rivas sued National Railroad Passenger Corporation on a negligence theory.... More...   $1 (03-06-2018 - CA)

Tanya Pendergrass-Walker, Phinezy Walker, Jr., Minnie Pendergrass and Tia Martin v. Guy M. Turner, Inc. d/b/a Turner Transfer, National Railroad Passenger Corporation, a/k/a Amtrak and CSX Transportation Inc Morelaw Internet Marketing for Legal Professionals MoreLaw Can Make Your Phone Ring 888-354-4529

Raleigh, NC - Tanya Pendergrass-Walker, Phinezy Walker, Jr., Minnie Pendergrass and Tia Martin v. Guy M. Turner, Inc. d/b/a Turner Transfer, National Railroad Passenger Corporation, a/k/a Amtrak and CSX Transportation Inc. on auto negligence and respondeat superior theories.... More...   $0 (02-28-2018 - NC)

United States of America v. Dennis Franklin Western District of Wisconsin Federal Courthouse - Madison, Wisconsin

These consolidated appeals represent
another application of the “categorical approach” for
applying recidivist statutes. The specific question in these appeals
is whether convictions under a portion of the Wisconsin
* Circuit Judge Posner retired on September 2, 2017, and did not participate
in the decision of this case, which is being resolved by a quorum
of the panel unde... More...
   $0 (02-27-2018 - WI)

Tony Muro v. Cornerstone Staffing Solutions, Inc. Morelaw Internet Marketing for Legal Professionals MoreLaw Can Make Your Phone Ring 888-354-4529

Plaintiff Tony Muro entered into an employment contract with defendant
Cornerstone Staffing Solutions, Inc. (Cornerstone). The contract included a provision
requiring that all disputes arising out of Muro's employment with Cornerstone to be
resolved by arbitration. It also incorporated a class action waiver provision. In response
to Muro's present action, which was styled as a prop... More...
   $0 (02-25-2018 - CA)

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