Defendant-Appellant Ernie Bradford Scroggins appeals his conviction for possession of a firearm by a felon, arguing that the government obtained evidence necessary to his conviction in violation of the Fourth Amendment and that his conviction is unconstitutional in light of the Second Amendment. We ...
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Jane Doe, a minor child, and her adoptive parents, Gregory and Michelle Johnson, brought this action under 42 U.S.C.A. § 1983 (West 2003), against Debby Thompson ("Thompson"), an Adoption Specialist with the South Carolina Department of Social Services ("SCDSS"), alleging violations of their substa...
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Ernest Bustos, pro se, appeals the district court’s grant of a motion to dismiss in favor Officer Guillermo Cantu, Officer Kyle Goodwin, Officer Pete Vega, Officer David Larios, Officer Carlos Alex Garza, Sheryl Sculley, William McManus, and the City of San Antonio on his claims under 42 U.S.C. §...
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Michael Carlos Cooper Wiest was indicted for three bank robberies under 18 U.S.C. § 2113(a), and three related counts of possession of a firearm in furtherance of a crime of violence in violation of 18 U.S.C. § 924(c)(1)(a). Wiest pled not guilty, and moved to suppress some evidence. His motion to...
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Defendants-appellants, who are prison officials, appeal from a judgment of the United States District Court for the District of Connecticut (Dorsey, J.), granting-in-part plaintiff-appellee Joe Burgos Vega’s motion for summary judgment. Vega, a prison inmate, sued Connecticut prison officials alle...
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This is an appeal by a federal prisoner from the denial of a motion to vacate his sentence under 28 U.S.C. § 2255. Appellant Andres Peralta pleaded guilty to a drug conspiracy count in 2004 and was sentenced to 135 months’ imprisonment. He now contends that he received ineffective assistance of c...
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Torrey Real appeals from the District Court’s denial of his petition for a writ of habeas corpus. 28 U.S.C. § 2254. We granted a certificate of appealability to consider whether Real’s trial counsel was ineffective. For the reasons that follow, we affirm.
Appellant, James L. Cheeseman, pled guilty to violating 18 U.S.C. § 922(g)(3), which criminalizes possession of firearms and ammunition by an unlawful user or addict of a controlled substance. He appeals from the District Court’s judgment directing the forfeiture of over 600 firearms and ammuniti...
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The United States Government appeals the order of the District Court suppressing evidence seized and a statement made during a search conducted pursuant to a warrant. The Court held that the warrant was general and not cured by the affidavit of probable cause because it was not incorporated into the...
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This appeal stems from a 42 U.S.C. § 1983 action brought by Jeffrey Keating, Rich Hersh, Bonnie Redding, Jason Kotoch, and Raymond Del Papa (collectively the “Protesters”), alleging, inter alia, violations of their First and Fourth Amendment rights during a demonstration held in November 2003 o...
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