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Recent Verdicts and Judgments
Scott R. Wolfe v. BNSF Railway Company

Plaintiff-Appellant Scott Wolfe (“Wolfe”) appeals the district court’s order granting summary judgment in favor of Defendant-Appellee BNSF Railway Company (“BNSF”) on Wolfe’s claims under Montana Code Annotated (“MCA”) § 39-2-703. We have jurisdiction pursuant to 28 U.S.C. § 1291. We affirm in part, reverse in part, and remand for further proceedings.

   $0 (04-23-2014 - MT)

United States of America v. Sang Ngoc Ung

Seattle, WA - A Florida resident who threatened family members over a $20,000 debt and used firebombs to torch one home and threaten another, pleaded guilty today to a variety of charges, announced U.S. Attorney Jenny A. Durkan. SANG NGOC UNG, 54, of Margate, Florida pleaded guilty to Collection of Extension of Credit by Extortionate Means, Interstate Travel in Aid of Racketeering Activity, Unla ... More   $0 (04-23-2014 - WA)

United States of America v. Emiel A. Kandi

A former hard money lender who resides in University Place, Washington pleaded guilty Friday to Conspiracy to Submit False Statements in Loan Applications and to Make False Statements to the Department of Housing and Urban Development, and Submitting False Statements in Loan Applications, announced U.S. Attorney Jenny A. Durkan. EMIEL A. KANDI, 37, was indicted last June for a mortgage scheme tha ... More   $0 (04-23-2014 - WA)

United States of America v. Toby G. Scammell

LOS ANGELES – A San Francisco man who made approximately $192,000 in profits by purchasing Marvel Entertainment, Inc. stock options immediately prior to its acquisition by The Walt Disney Company in August 2009 pleaded guilty this morning to a federal securities fraud charge.

Toby G. Scammell, 29, pleaded guilty today to one count of securities fraud before United States District ... More
   $0 (04-23-2014 - CA)

United States of America v. Henry Patrick Bevans, III

Spokane, WA – Michael C. Ormsby, United States Attorney for the Eastern District of Washington, announced that Henry Patrick Bevans, III, age 30, of Newman Lake, Washington, was sentenced today for distributing 50 grams or more of pure methamphetamine. Senior United States District Court Judge Fred Van Sickle sentenced Bevans to a 10-year term of imprisonment and a 10-year term of court supervis ... More   $0 (04-22-2014 - WA)

United States of America v. Tina Patricia Wiseman

This is a direct appeal by Tina Patricia Wiseman following her guilty plea to one count of conspiring to distribute oxycodone, in violation of 21 U.S.C. §§ 841, 846. The district court calculated her guideline range to be 57-71 months, but sentenced her to a below-range sentence of 48 months. Wiseman argues on appeal that the district court committed procedural error by refusing to consider the ... More   $0 (04-22-2014 - UT)

United States of America v. SK Food Group Inc.

Seattle, WA – The Justice Department reached an agreement today with SK Food Group Inc., a company based in Seattle, resolving claims that the company used discriminatory document practices when verifying the work authority of non-citizens. The department’s investigation, which was initiated based on a referral from the U.S. Citizenship and Immigration Services (USCIS), found that ... More   $0 (04-21-2014 - DC)

Juan Romero v. Geovanni J. Fuentes

Juan Romero and Irma Medrano appeal a trial court’s judgment awarding Geovanni Fuentes and Roberto Fuentes $300, the amount of the Fuenteses’ security deposit on an apartment that they intended to rent from Romero. Romero


and Medrano contend that there was insufficient evidence to support the trial court’s judgment. We affirm.


This case arises ... More
   $0 (04-20-2014 - TX)

United States of America v. Amber Tyler

The United States Attorney's Office announced that during a federal court session in Missoula on April 17, 2014, before U.S. District Judge Dana Christensen, AMBER TYLER, age 31, was sentenced to a term of five years' probation. She was also ordered to pay $23,103 in restitution to the Missoula Housing Authority.

In a sentencing memorandum filed by Assistant U.S. Attorney Chad Spraker, the ... More
   $0 (04-18-2014 - MT)

United States of America v. Joseph Schesso

A former Vancouver, Washington man pleaded guilty in U.S. District Court in Tacoma to distribution of child pornography, announced U.S. Attorney Jenny A. Durkan. JOSEPH SCHESSO, 36, now of Portland, Oregon, was indicted in May 2011. Under the terms of the plea agreement, he must be sentenced to twelve years in federal prison, or the plea agreement can be voided and the case could continue to tri ... More   $0 (04-18-2014 - WA)

United States of America v. Cecilio Galan

EUGENE, Ore. – On April 17, 2014, Cecilio Galan, 45, of Metolius, Oregon, was sentenced today to 63 months in prison and 5 years of supervised released for possession and distribution of child pornography.

Defendant possessed child pornography he located on the internet. He then made that pornography available to others on a file sharing site in the hopes that he could obtain additional ... More
   $0 (04-18-2014 - OR)

United States of America v. Leodis Robert Roach

EUGENE, OR. – On April 17, 2014, Chief United States District Judge Ann Aiken sentenced career offender Leodis Robert Roach, 31, of Multnomah County, Oregon, to serve fourteen years and four months in federal prison for robbing the Eugene downtown branch of the Bank of America, and a ten-year concurrent sentence for possessing a loaded pistol while he was a passenger in a car outside of ... More
   $0 (04-18-2014 - OR)

United States of America v. Mark Timothy Ellis

EUGENE, OR – On Wednesday, April 16, 2014, U.S. District Judge Ann Aiken sentenced Mark Timothy Ellis, 38, of Oregon City, Oregon, for making a fraudulent claim to the United States and for filing a false lien against a federal employee to serve 12 months and one day in prison and three years of supervised release, and ordered him to pay $311,459 in restitution.

According to court documen ... More
   $0 (04-18-2014 - Or)

United States of America v. Jonathan Davis

OAKLAND, Calif. – Jonathan Davis pleaded guilty today to wire fraud, announced United States Attorney Melinda Haag and IRS-CI Special Agent in Charge José M. Martinez.

According to the plea agreement, Davis devised a scheme to obtain money by preparing and filing false federal income tax returns in the names of other people. To carry out this scheme, Davis had friends obtain names, birth ... More
   $0 (04-18-2014 - CA)

Perry Weeks v. Cassandra Cockrum

Perry Weeks appeals the trial court’s summary judgment in favor of Cassandra Cockrum on the ground that Weeks’s personal injury suit was barred by limitations. In a single issue, Weeks argues the statute of limitations was tolled under section 16.063 of the civil practice and remedies code because Cockrum was temporarily absent from the state. We affirm the trial court’s judgment.

BAC ... More
   $0 (04-18-2014 - TX)

Robert James Henry v. Gay Nell Henry

Robert James Henry appeals the district court’s final decree of divorce along with various rulings in the underlying suit filed by Gay Nell Henry (Jones).1 Henry argues that the district court erred by characterizing certain real property as community property, awarding personal property to the parties in possession of same, voiding a gift warranty deed, denying disqualification and recusal moti ... More   $0 (04-18-2014 - TX)

United States ex rel. Sandra Simmons v. Health Management Associates, Inc., Durant H.M.A., LLC d/b/a Medical Center of Southeastern Oklahoma, Durant HMA Physician Management, LLC and Dan J. Castro, M.D.

Muskogee, Oklahoma - The Medical Center of Southeastern Oklahoma, located in Durant, Oklahoma, and its parent, Health Management Associates, Inc., have agreed to pay $1,065,000 to the United States and $435,000.00 to the State of Oklahoma to resolve allegations that the hospital billed SoonerCare, the Oklahoma Medicaid Program, for surgical procedures performed by Dr. Daniel Castro, and related ho ... More   $0 (04-18-2014 - OK)

United States of America v. Mark McDonough

TULSA, OKLAHOMA—A Tulsa man pleaded guilty in federal court Thursday for possession of child pornography, announced United States Attorney Danny C. Williams Sr. for the Northern District of Oklahoma.

Mark McDonough, 33, of Tulsa, pleaded guilty before U.S. District Court Judge Gregory K. Frizzell to one count of possession and attempted possession of child pornography.

According to ... More
   $0 (04-18-2014 - OK)

United States of America v. Joseph Franko

Key West, FL - Wifredo A. Ferrer, United States Attorney for the Southern District of Florida, Tracy Dunn, Acting Special Agent in Charge, NOAA Fisheries Office of Law Enforcement, and Edward Grace, Deputy Assistant Director, U.S. Fish & Wildlife Service, Office of Law Enforcement, announce that Joseph Franko, 35, of Romulus, Michigan, was sentenced today in in Key West for conspiring to purchase, ... More   $0 (04-18-2014 - )

United States v. Anthony Davila

In United States v. Davila, 664 F.3d 1355 (11th Cir. 2011) (“Davila I”), Anthony Davila argued—for the first time on appeal—that a Magistrate Judge’s comments during a pre-plea hearing constituted improper judicial participation in plea discussions in violation of Federal Rule of Criminal Procedure 11(c)(1).1 Davila I, 664 F.3d at 1357–58. Pursuant to circuit precedent mandating automa ... More   $0 (04-18-2014 - GA)

United States of America v. Craig Goatley

OAKLAND, CA – Craig Goatley was sentenced today to 78 months in prison and Calvin Earl Odom, Jr., was sentenced on April 10, 2014, to 86 months in prison for armed bank robbery, announced U.S. Attorney Melinda Haag and FBI Special Agent in Charge David J. Johnson.

In pleading guilty, both men admitted that on the morning of Aug. 3, 2013, they robbed the Citibank, located at 1526 Webster S ... More
   $0 (04-17-2014 - CA)

United States of America v. Mher "Capone" Darbinyan and Arman "Horse" Sharopetrosian

LOS ANGELES – Two leaders of the Armenian Power gang were convicted today of participating in a racketeering conspiracy that included extortion, firearms offenses, bank fraud and identity theft targeting elderly bank customers, as well as a sophisticated credit and debit card skimming scheme that stole account numbers and personal identification numbers (PINs) from thousands of people ... More
   $0 (04-17-2014 - CA)

Lakeesha Lyles v. Denis Sangadeo-Patel

Plaintiff and appellant Lakeesha Lyles, tenant of a rent-controlled apartment, brought an action against her landlords, defendants and respondents Denise Sangadeo-Patel individually and Denise Sangadeo-Patel in her capacity as trustee of the Denise Sangadeo-Patel Trust. Plaintiff alleged various causes of action seeking damages and restitution premised on defendants’ alleged failure to serve her ... More   $0 (04-17-2014 - CA)

Lisa Wright v. Hendon O. Wrigth, III

The former wife, Lisa Wright, and the former husband, Hendon O. Wright, III, each appeal from a final judgment of dissolution of marriage addressing equitable distribution, alimony and child support. While the parties raise numerous issues, we find merit in two of the former wife’s challenges, and affirm the remaining issues without comment.

The parties were married for eighteen years. ... More
   $0 (04-17-2014 - FL)

Marie Minor v. Stevelyn Young

Marie Minor was injured when she fell through an unfinished attic floor on premises owned by her aunt, appellee Stevelyn Young. Minor, a party guest in Young’s home, had gone to the attic to retrieve an item for Minor’s grandmother. After taking only a few steps in the direction indicated by Young, Minor fell through the attic floor and landed on the garage floor below, injuring her ankle. Min ... More   $0 (04-17-2014 - FL)

Robert Michael Puglisi v. Teri Anne Puglisi

Former husband, Robert Puglisi, appeals a final judgment awarding section 57.105 fees to the former wife. We reverse.

The current fee award was prompted by cross-motions filed by the parties in 2007 to modify the custody and visitation provisions contained in a final judgment of dissolution dated April 11, 2000. The case was settled immediately prior to the final hearing and the parties o ... More
   $0 (04-17-2014 - FL)

The City of Madisonville v. Theresa Murders and Martina Maldonado

Theresa Murders and Martina Maldonado owned a beauty salon and dog grooming business. They sued the City of Madisonville and its contractor, Brazos Valley Services, for their part in the replacing and repairing of a City sewer line in front of the business. The City filed a plea to the jurisdiction alleging governmental immunity, and Murders and Maldonado amended their petition. The City filed ano ... More   $0 (04-17-2014 - TX)

Kenneth Dale Rodgers v. Mary Elaine Rodgers

Appellant, Kenneth Dale Rodgers, appeals from the Final Decree of Divorce rendered in a suit for divorce filed by Appellee, Mary Elaine Rodgers, following a bench trial. By two issues, he asserts (1) the trial court abused its discretion in the division of property, which (2) materially affected a just and right division of the marital estate. We affirm.



I ... More
   $0 (04-17-2014 - TX)

Mt. Pleasant Independent School District v. Dona K. Elliott

It was the third day of the new school year when the brakes failed on the bus driven by Dona K. Elliott, and Elliott’s kneecap was broken in the ensuing crash.1 The bus was a seventeen-year-old Thomas flat-nose school bus owned by Mount Pleasant Independent School District, transporting District students, and driven by Elliott for her employer, Durham Transportation, Inc. Durham had recently con ... More   $0 (04-17-2014 - TX)

City of Austin v. Raymond E. Chandler, et al.

The Appellees—a group of public safety officers over the age of 40 who worked for appellant the City of Austin’s now defunct Public Safety Emergency Management Department (PSEM)—sued the City for age-based employment discrimination. The Appellees asserted that the

1 For convenience, we refer to the Appellees collectively. City’s method of consolidating the PSEM into the Austin Polic ... More
   $0 (04-17-2014 - TX)

Philip Gregory Byrd v. Phillip Galyen, P.C. d/b/a Bailey & Galyen Attorneys at Law and R. Ketih Spencer

In this appeal, we are asked to extend the sole-proximate-cause bar to legal-malpractice claims arising in the context of a contempt order entered in a civil case. We decline to do so and reverse the trial court’s order granting Appellees a partial summary judgment and remand the case to the trial court for further proceedings.



   $0 (04-17-2014 - TX)

Joe Burkett, et al. v. Lake Country Property Owners Association, Inc.

Appellants2 own properties in Lake Country Estates, an addition in Tarrant County. They sued Appellee Lake Country Property Owners Association, Inc. (LCPOA) because it “attempt[ed] to enforce [an] invalid restriction against them.” The trial court granted LCPOA’s motion for summary judgment. Appellants now appeal. We will affirm. In February 1971, the Amon G. Carter Foundation conveyed by wa ... More   $0 (04-17-2014 - TX)

Zachary Onuh v. Freo Texas, LLC

In this forcible-detainer action, appellant, Zachary Onuh, appeals from the trial court’s judgment granting possession of certain real property to appellee, Freo Texas LLC. On February 14, 2014, Freo Texas moved to dismiss Onuh’s appeal as moot, stating that, because Onuh “did not supersede enforcement of the trial


court’s judgment,” a writ of possession was issued and †... More
   $0 (04-17-2014 - TX)

United States of America v. Dennis J. Lovato

ALBUQUERQUE, NM – Dennis J. Lovato, 29, a member and resident of Kewa Pueblo, was sentenced to 12 years in federal prison followed by five years of supervised release for his second degree murder conviction. Lovato also was ordered to pay $1600.00 in restitution.

Lovato was arrested on April 20, 2011, on a criminal complaint charging him with beating another Kewa Pueblo man to death outs ... More
   $0 (04-17-2014 - NM)

United States of America v. Dexter Dez

ALBUQUERQUE, NM – Dexter Dez, 28, an enrolled member of the Navajo Nation who resides in Shiprock, N.M., pleaded guilty this morning to an indictment charging him with two assault offenses. Dez entered his guilty plea without the benefit of any plea agreement.

Dez was arrested on July 11, 2013, on a criminal complaint alleging that he assaulted a non-Indian man on May 17, 2013, at a resi ... More
   $0 (04-17-2014 - NM)

United States of America v. Michael Garcia

ALBUQUERQUE, NM – Michael Garcia, a former detective with the Las Cruces Police Department (LCPD) in Las Cruces, N.M., who focused on child abuse and sex crimes investigations, pleaded guilty today in federal court to a one count information charging Garcia with violating the civil rights of an LCPD student intern when he sexually abused her while on duty.

According to court documents, ... More
   $0 (04-17-2014 - )

United States of America v. Tony Lynn Thornton

BEAUMONT, Texas – A 53-year-old Kountze, Texas man has pleaded guilty in connection with his role in theft of government property, announced U.S. Attorney John M. Bales.

Tony Lynn Thornton, Sr. pleaded guilty to an Information charging him with theft of government property of a value of less than $1000 today before U.S. Magistrate Judge Keith Giblin.

Accord ... More
   $0 (04-17-2014 - TX)

United States of America v. Jose A. Padilla

McALLEN, Texas – Jose A. Padilla, 54, of Weslaco, has entered a plea of guilty for one count of receipt of a bribe, announced United States Attorney Kenneth Magidson. Padilla was a former deputy commander at the Hidalgo County Sheriff’s Office and served under the leadership of former sheriff Guadalupe “Lupe” Trevino.

Padilla has admitted that during 2011 and 2012, he received cash ... More
   $0 (04-17-2014 - TX)

United States of America v. Silvestre Barrera-Villegas

McALLEN, Texas – Silvestre Barrera-Villegas, a member of drug trafficking conspiracy originating out Starr County, has been ordered to federal prison for nearly 10 years, announced United States Attorney Kenneth Magidson. Barrera-Villegas, 52, of Camargo, Tamaulipas, Mexico, pleaded guilty Jan. 29, 2014, to his role in smuggling more than 8,000 kilograms of marijuana in 2013.

Today, U.S. ... More
   $0 (04-17-2014 - TX)

United States of America v. Aaron Robert Wells

AMARILLO, Texas — Aaron Robert Wells, 23, of Borger, Texas, appeared today in federal court, before U.S. District Judge Mary Lou Robinson, and pleaded guilty to one count of transportation of child pornography. Wells, who is on bond, faces a maximum statutory penalty of not less than five years and up to 20 years in federal prison, a $250,000 fine and a lifetime of supervised release. Sentenci ... More   $0 (04-17-2014 - TX)

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