Plaintiff-Appellant Nicholas Sytsema brought suit, by and through his parents, against the Academy School District for reimbursement for his educational expenses pursuant to the Individuals with Disabilities Education Act, 20 U.S.C. § 1400 et seq., ("IDEA" or the "Act"). The district court concluded that the Sytsemas were entitled to reimbursement for their expenses for the 2001-2002 academic year because the school district violated the Act's procedural requirements by...  

I. INTRODUCTION... Jack Grynberg (Mr. Grynberg), Grynberg Production Corporation, and Grynberg Petroleum Company (collectively, Grynberg) appeal from summary judgments in two separate lawsuits, one against Total S.A. and one against Shell Exploration B.V. and Shell International Exploration and Production B.V... ... ... (collectively Shell). Both lawsuits, which were filed in 2003 in the United States District Court for the District of Colorado as diversity actions, see 28 U.S.C. § 1332,...  

Michael Brady brought suit against Greater Southwest Funding Corporation ("GSW") and UBS Financial Services ("UBS"), which Brady contends is GSW's alter ego, for payment on bonds issued by GSW. The district court dismissed Brady's claims as time barred. This court has jurisdiction pursuant to 28 U.S.C. § 1291 and holds that Brady acquired a right to sue on the Stated Maturity of his bond and that remedy is not time barred. Furthermore, Brady's claims are not barred by res...  

Plaintiffs-Appellants F. Douglas Cannon, Allan Robert Cannon, and Margaret Louise Cannon (the "Cannons") brought suit against the Defendants-Appellees claiming two violations of the Solid Waste Disposal Act and one violation of the Administrative Procedures Act. The district court dismissed the case for lack of subject matter jurisdiction pursuant to the jurisdiction-stripping provision at 42 U.S.C. § 9613(h). We conclude that the district court properly applied § 9613(h)...  

This direct criminal appeal involves a single sentencing issue: whether the district court erred in enhancing Defendant-Appellant Jacob Miera's offense level... ... ... for physically restraining persons during a bank robbery. Miera and his brother, Timothy, robbed a bank in West Valley, Utah. During the course of the robbery, Timothy stood in front of the bank's door waving a gun and demanding that the bank's occupants "don't move." The district court determined that under such...  

Responding to reports of multiple gunshots in an Albuquerque apartment complex, police conducted an early morning warrantless search of an apartment identified by a tenant as the source of the shots. During the sweep, the officers... ... ... found drugs and several guns. One of the men at the apartment, Francisco Gambino-Zavala, eventually pleaded guilty to unlawful possession of a firearm and ammunition by an illegal alien, in violation of 18 U.S.C. §§ 922(g)(5) and 924(a)(2). He was...  

Plaintiff Sharon M. Carpenter appeals from the denial of her applications for social security disability insurance and supplemental security income benefits. We have jurisdiction under 28 U.S.C. § 1291 and 42 U.S.C. § 405(g), and we reverse and remand for further proceedings... I... Mrs. Carpenter was born on April 22, 1978. She filed applications for benefits under both Title II and Title XVI, alleging a disability beginning on July 1, 2001, due to continual back pain, but she also...  

This matter is before the court on the government's Petition for Rehearing En Banc. Although we deny the government's motion for rehearing en banc, we grant panel rehearing based on superseding Supreme Court precedent. The panel's January 15, 2008 opinion, United States v. Hill, 512 F.3d 1277 (10th Cir. 2008), is vacated and replaced with the opinion issued herewith. The petition for rehearing en banc is denied as moot, without prejudice to the filing of a petition for rehearing from the...  

Defendants Glenn Gallant, Douglas Baetz, Jack Grace, and Thomas Alan Boyd have filed these direct appeals after being convicted of a variety of fraud-related crimes arising from and related to the operation of a credit card portfolio financed by BestBank, a Colorado bank insured by the Federal Deposit Insurance Corporation ("FDIC"). Defendants Gallant and Baetz were tried before a jury and convicted of conspiracy, bank fraud, false bank reports, wire fraud, and a continuing financial...  

Daniel Trujillo was indicted in the United States District Court for the District of New Mexico on two counts of being a felon in possession of firearms... ... ... and ammunition. See 18 U.S.C. § 922(g)(1), 924(a)(2). He pleaded guilty to one count in accordance with a plea agreement, under which the government agreed to dismiss the other count and he agreed not to appeal his sentence. The court sentenced him to 46 months' imprisonment. On appeal Mr. Trujillo raises several challenges to...  

Jesus Rene Villa-Vazquez was indicted in the United States District Court for the District of Kansas on one count of illegal reentry after deportation for an aggravated felony. He entered into a plea agreement that required the... ... ... government, among other things, to refrain from bringing further charges and to recommend both a sentence reduction for acceptance of responsibility and a sentence at the low end of the sentencing range under the United States Sentencing Guidelines (USSG). The...  

The plaintiffs, Shane Paul, Steven Bussone, Dale Stewart, Kenneth Hinzman, and William Meck,1 are individual truck drivers. They brought suit contending the defendant, USIS Commercial Services, Inc., violated the Fair Credit Reporting Act (FCRA), 15 U.S.C. §§ 1681-1681x, in its procurement and dissemination of their employment histories. They claimed that USIS failed to comply with FCRA's notice and authorization requirement when it procured information from former employers regarding...  

Plaintiff Specialty Beverages, L.L.C. sued Defendant Pabst Brewing Company for breach of contract and fraud. Specialty Beverages and Pabst both filed motions for judgment as a matter of law pursuant to Rule 50(a) of the Federal Rules of Civil Procedure. The district court granted Pabst's motion regarding Specialty's fraud claim and granted Specialty's motion regarding Pabst's impossibility and impracticability defenses. The court denied Pabst's motion regarding Specialty's lost profits damages...  

I. Introduction... Alfredo Torres-Romero appeals the district court's application of a sixteen-level enhancement, pursuant to U.S.S.G. § 2L1.2(b)(1)(A), arguing the government failed to meet its burden of proving his prior state conviction was a "drug trafficking offense." We conclude the district court did not err because Torres-Romero's 1990 Colorado guilty plea admitted all of the material facts in the charging information, including that he distributed and sold a controlled...  

Plaintiff-Appellant Bernadine R. Vaughn ("Vaughn") appeals the district court's grant of summary judgment in favor of Defendant-Appellee Epworth Villa. At issue is Vaughn's allegation that she was retaliated against by Epworth... ... ... Villa for participating in the Equal Employment Opportunity Commission ("EEOC") process. We exercise jurisdiction pursuant to 28 U.S.C. § 1291 and affirm... I. BACKGROUND... Vaughn was employed by Epworth Villa as a Certified Nurses...  

Skoshi Thedford Farr appeals her conviction for tax fraud. She alleges that during trial the government constructively amended the indictment against her — trying her not just for the crime described in the indictment but also for a separate... ... ... and additional offense. We agree. The grand jury indicted Ms. Farr for one crime (failure to pay quarterly employment taxes for a medical clinic) but at trial the government pursued her for another offense (failure to pay a trust fund...  

Defendant-Appellant John Norbert Contreras appeals his bank robbery conviction and life sentence pursuant to 18 U.S.C. §§ 2113(a) & 3559(c), respectively. Contreras raises three issues. First, he contends that the district court wrongly admitted his probation officer's testimony—which identified Contreras as the robber from surveillance footage—because this opinion testimony was not helpful to the jury and therefore violated Rule 701 of the Federal Rules of Evidence....  

Appellees' motion to publish the decision issued in this case on July 24, 2008, is granted. A copy of the published decision is attached to this order... ... ... Plaintiffs Elephant Butte Irrigation District of New Mexico and El Paso County Water Improvement District No. 1 of Texas (collectively the Districts) appeal the district court's final judgment on the only remaining count in this case, Count II of the complaint. On a summary judgment motion, the court held in favor of defendants, the...  

Defendant-Appellant Robert N. Bedford appeals his conviction for... ... ... conspiracy under 18 U.S.C. § 371.1 The government filed a twenty-nine-count superseding indictment charging three individuals with various crimes. Defendant was named in Count One of the indictment, which charged him with conspiracy to commit two underlying crimes: 1) defrauding the United States of America by impeding the Internal Revenue Service in its lawful efforts to collect income taxes, and 2) assisting...  

Defendants-Appellants Great Western Railway Company, Western Construction Company, Great Western Trail Authority, and various members of the Great Western Trail Authority Board appeal from the district court's order remanding this case to Colorado state court. Because we conclude that we do not have appellate jurisdiction to review the remand order, we dismiss the appeal... ... ... Background... Plaintiff-Appellee J. Gale Moody filed a Colorado state-court complaint in June 2003 seeking to...