Conference of June 15, 2006

in the United States Supreme Court

Conference of June 15, 2006

in the United States Supreme Court

Case Name Response on File Disposition Current Status Case Origin
Warren Davis v. International Union, United Automobile, Aerospace & Agricultural Implement Workers of America (UAW), et al., No. 05-107 Yes Redistributed Denied Sixth Circuit
Air Conditioning and Refrigeration Institute, et al. v. Energy Resources Conservation and Development Commission, et al., No. 05-331 Yes Denied Denied Ninth Circuit
Empresa Cubana del Tabaco, aka Cubatabaco v. General Cigar Company, Inc., et al., No. 05-417 Yes Denied Denied Second Circuit
John P. Burke, Banking Commissioner, Connecticut Department of Banking v. Wachovia Bank, N.A., et al., No. 05-431 Yes Redistributed Denied Second Circuit
SmithKline Beecham Corporation, et al. v. Apotex Corporation, et al., No. 05-489 Yes Denied Denied Federal Circuit
James E. Tilton, Acting Secretary, California Department of Corrections and Rehabilitation v. Raymond Ramirez, No. 05-736 Yes Denied Denied Ninth Circuit
S. W. Ornoski, Acting Warden v. Santos L. Reyes, No. 05-755 Yes Denied Denied Ninth Circuit
Levi Hogner v. Leroy M. Strenke, et al., No. 05-1026 Yes Redistributed Denied Wisconsin
Alfred G. Miller v. United States, No. 05-1042 Yes Denied Denied Second Circuit
Gokhan Unal v. Feride Ela Akinci-Unal, No. 05-1099 Yes Denied Denied Massachusetts
Massachusetts, et al. v. Environmental Protection Agency, et al., No. 05-1120 Yes Redistributed Decided District of Columbia Circuit
Bell Atlantic Corporation, et al. v. William Twombly, et al., No. 05-1126 Yes Redistributed Decided Second Circuit
Crater Corporation v. Lucent Technologies, Inc., et al., No. 05-1135 Yes Denied Denied Federal Circuit
Dora B. Schriro, Director, Arizona Department of Corrections v. Robert Moormann, No. 05-1180 Capital Yes Redistributed Denied Ninth Circuit
Joshua Samuel v. Superior Machine Company of South Carolina, Inc., No. 05-1187 Yes Denied Denied Fourth Circuit
Metropolitan Government of Nashville and Davidson County, Tennessee v. Deja Vu of Nashville, Inc., et al., No. 05-1194 Yes Denied Denied Sixth Circuit
Credit Suisse Securities (USA) LLC, fka Credit Suisse First Boston LLC, et al. v. Glen Billing, et al., No. 05-1157 Yes Redistributed Decided Second Circuit
New Cingular Wireless Services, Inc., fka AT&T Wireless Services, Inc. v. William Bucy, No. 05-1165 Denied Denied California
Texas State Bank v. United States, No. 05-1168 Yes Denied Rehearing Disposed Federal Circuit
New Cingular Wireless Services, Inc., fka AT&T Wireless Services, Inc., et al. v. Porsha Meoli, et al., No. 05-1169 Denied Denied California
Cingular Wireless, LLC v. Jaime Wing, No. 05-1170 Denied Denied California
Robert Sasson v. Norman F. Sokoloff, Individually and as Trustee for Camelot Medical Group, Inc., Profit Sharing Plan, No. 05-1171 Yes Denied Denied Ninth Circuit
Vincent F. Strawbridge, Jr., et ux. v. Sugar Mountain Resort, Inc., et al., No. 05-1206 Yes Denied Denied Fourth Circuit
C.P., et vir v. J. D., No. 05-1234 Yes Denied Denied Montana
Andre Wallace v. Kristen Kato, et al., No. 05-1240 Yes Certiorari Granted Rehearing Disposed Seventh Circuit
Holocaust Survivors Foundation USA, Inc., et al. v. Union Bank of Switzerland, et al., No. 05-1275 Yes Denied Denied Second Circuit
Timothy Slagle v. Clarion County, Pennsylvania, No. 05-1303 Yes Denied Denied Third Circuit
Alabama v. Renaldo Chante Adams, No. 05-1309 Yes Denied Denied Alabama
Eric Hoggatt v. Youth Court of Adams County, Natchez, Mississippi, No. 05-1316 Denied Denied Mississippi
Kristopher Courtney v. Ohio, No. 05-1320 Denied Denied Ohio
Charles Rudd Mackenzie v. W. Denis Donovan, et al., No. 05-1321 Denied Denied New York
Adam Palinski v. Illinois, No. 05-1322 Denied Denied Illinois
Brenda J. Ford v. County of Hawaii, et al., No. 05-1325 Denied Denied Hawaii
Karen Mowbray v. American General Life Companies, et al., No. 05-1327 Yes Redistributed Denied Fifth Circuit
Mary Stewart v. Martin Silva, No. 05-1330 Yes Denied Denied Ninth Circuit
Princo Corporation, et al. v. U.S. Philips Corporation, No. 05-1341 Yes Denied Denied Federal Circuit
Linda A. Watters, Commissioner, Michigan Office of Financial and Insurance Services v. Wachovia Bank, N.A., et al., No. 05-1342 Yes Redistributed Decided Sixth Circuit
Leroy Baca, Sheriff, Los Angeles County, California, et al. v. Richard Moreno, et al., No. 05-1351 Denied Denied Ninth Circuit
William C. Stearman v. Commissioner of Internal Revenue, No. 05-1364 Denied Denied Fifth Circuit
Alberto R. Gonzales, Attorney General v. Planned Parenthood Federation of America, Inc., et al., No. 05-1382 Certiorari Granted Decided Ninth Circuit
Fiona Feng Chen v. Northwestern University, No. 05-1393 Denied Denied Seventh Circuit
Gizella Weisshaus, et al. v. Union Bank of Switzerland, et al., No. 05-1416 Yes Denied Denied Second Circuit
Femi Johnson v. United States, No. 05-1434 Denied Denied Seventh Circuit
Jerry Hart and Andre Dyerm v. City of Little Rock, Arkansas, No. 05-1441 Denied Denied Eighth Circuit
Terrance Ross Willaman v. United States, No. 05-1452 Denied Denied Third Circuit
Shannon McCullough, aka Shannon McCullough Boyington v. United States, No. 05-1453 Denied Denied Eleventh Circuit
Marc M. Harris v. United States, No. 05-1460 Denied Denied Eleventh Circuit
Patrick Day v. James R. McDonough, Interim Secretary, Florida Department of Corrections, No. 04-1324 Yes Rehearing Response Requested Rehearing Disposed Eleventh Circuit
Brian Edward Franklin v. Nathaniel Quarterman, Director, Texas Department of Criminal Justice, Correctional Institutions Division, No. 04-1702 Yes Denied Denied Fifth Circuit
Peter Corines v. United States, No. 05-10038 Rehearing Disposed Rehearing Disposed Second Circuit
Reynaldo Alvidrez v. David McKune, Warden, No. 05-10067 Yes Redistributed Denied Tenth Circuit
Eric Gant v. 24 Hour Fitness World Wide Inc., et al., No. 05-10314 Dismissed Dismissed Texas
Terry Gene Freeman v. Texas, No. 05-10315 Denied Denied Texas
Billy Karl Hill v. Texas, No. 05-10318 Denied Denied Texas
Gregory T. Howard v. Cynthia M. Kozak, et al., No. 05-10321 Denied Rehearing Disposed Sixth Circuit
Bobby Joe Burns v. Washington, No. 05-10324 Denied Denied Washington
Roberto Ciaprazi v. Dale Artus, Superintendent, Clinton Correctional Facility, No. 05-10327 Denied Denied Second Circuit
James P. Stout v. Ricky Bell, Warden, No. 05-10339 Denied Denied Sixth Circuit
William Lorenzo Coleman v. Arizona, No. 05-10343 Denied Rehearing Disposed Arizona
Richard S. Kindred v. Christine La Bossiere, et al., No. 05-10344 Denied Denied California
John Albert Estrada, Sr. v. Nathaniel Quarterman, Director, Texas Department of Criminal Justice, Correctional Institutions Division, No. 05-10346 Denied Denied Fifth Circuit
John Edward Johnson v. Washington, No. 05-10350 Denied Denied Washington
James Smith v. Salish Kootenai College, et al., No. 05-10357 Yes Denied Denied Ninth Circuit
Kenneth Smith v. California, No. 05-10362 Redistributed Decided California
Mary P. Rooklidge v. Driver and Motor Vehicle Services Branch of the Oregon Department of Transportation (DMV), et al., No. 05-10363 Denied Denied Oregon
Kevin Harvey v. Charlie Crist, Attorney General of Florida, No. 05-10369 Denied Denied Eleventh Circuit
Mary Gaitan v. Conagra Beef Company, et al., No. 05-10371 Denied Rehearing Disposed Colorado
Douglas Fauconier v. Lloyd Waters, et al., No. 05-10373 Denied Denied Fourth Circuit
Robert Maxwell Fenlon v. United States District Court for the Southern District of Texas, No. 05-10374 Denied Denied Fifth Circuit
Scott Allen Harrell v. Texas, No. 05-10375 Denied Denied Texas
William A. Fenstermacher v. Frank D. Gillis, Superintendent, State Correctional Institution at Coal Township, et al., No. 05-10376 Denied Denied Third Circuit
Aric ChiariGuerrero v. Florida, No. 05-10377 Denied Denied Florida
Carolyn Modica v. Texas, No. 05-10380 Denied Denied Texas
Gary Bolden v. City of New York, New York, et al., No. 05-10382 Denied Denied Second Circuit
Gary Hann v. Michigan Department of Corrections, No. 05-10384 Denied Denied Michigan
Jose Dale Braxton v. Michigan, No. 05-10407 Denied Denied Michigan
Derrick D. Owens v. California, No. 05-10408 Redistributed Decided California
Raymond Saldana Perez, Jr. v. Texas, No. 05-10409 Denied Denied Texas
Ali Fadlallah v. Dearborn Public Schools, No. 05-10417 Yes Denied Rehearing Disposed Michigan
Harold Herrschaft v. James L. Grace, Superintendent, State Correctional Institution at Huntingdon, No. 05-10418 Yes Denied Denied Third Circuit
Felton L. Matthews, Jr. v. Nevada, et al., No. 05-10423 Denied Denied Nevada
Sonthraht Sengsuwan v. Glen Whorton, Director, Nevada Department of Corrections, et al., No. 05-10424 Denied Denied Ninth Circuit
Rodney Karl Blackwell v. California, No. 05-10435 Redistributed Decided California
Wayne Allen Borst v. Washington, No. 05-10436 Denied Denied Washington
Khuong Van Wang v. California, No. 05-10438 Denied Denied California
Michael Keith Williams v. David L. Runnels, Warden, No. 05-10439 Denied Denied Ninth Circuit
Norbert Steven Wilcox v. David Mudd, et al., No. 05-10440 Denied Denied Sixth Circuit
Jean Dorval v. Ronald H. Cathel, Administrator, New Jersey State Prison, et al., No. 05-10445 Denied Denied Third Circuit
James J. Kaufman v. Randall Hepp, Warden, No. 05-10447 Denied Denied Seventh Circuit
Santiago Lomas v. Nathaniel Quarterman, Director, Texas Department of Criminal Justice, Correctional Institutions Division, No. 05-10448 Denied Denied Fifth Circuit
Eric B. Pearson v. Ohio, No. 05-10449 Denied Denied Sixth Circuit
James Calvin Tems v. Texas, No. 05-10451 Denied Denied Texas
Claude L. Glass v. George Underwood, Jr., No. 05-10452 Denied Rehearing Disposed Tennessee
Frances T. Miller and Domenick Miller v. Richard Bronson, et ux., No. 05-10392 Denied Denied Washington
Peter P. Nghiem v. Mujtaba A. Agha, et al., No. 05-10395 Denied Denied Ninth Circuit
Richard Nields v. Margaret Bradshaw, Warden, No. 05-10396 Capital Yes Denied Denied Sixth Circuit
Vu Huy Nguyen v. Scott Kernan, Warden, No. 05-10398 Denied Denied Ninth Circuit
Mark C. Mancebo v. Derral G. Adams, Warden, No. 05-10399 Denied Denied Ninth Circuit
Lance Dupree Pruitt v. California, No. 05-10401 Redistributed Decided California
Frank Crittenden v. Jack Morgan, Warden, No. 05-10405 Denied Denied Sixth Circuit
Lamonte M. Battles v. Ed Buss, Superintendent, Indiana State Prison, No. 05-10456 Denied Denied Seventh Circuit
Martin Chavez Lerma v. Nathaniel Quarterman, Director, Texas Department of Criminal Justice, Correctional Institutions Division, No. 05-10457 Denied Denied Fifth Circuit
Kenneth Harold Williford v. Alabama, No. 05-10458 Denied Denied Alabama
Stanley D. Cobb v. Florida, No. 05-10460 Denied Denied Florida
Scott Bradly Brumbaugh v. California, No. 05-10477 Redistributed Decided California
Earnest A. Darden v. Berkeley Community Media, et al., No. 05-10495 Yes Denied Denied Ninth Circuit
Ernest Keith Jordan v. North Carolina, No. 05-10644 Denied Denied North Carolina
Alfonse Danner v. Florida, No. 05-10660 Denied Denied Florida
Michael K. Slover, Sr., Michael K. Slover, Jr., and Jeanette Slover v. Illinois, No. 05-10674 Denied Denied Illinois
Ervin Sulollari v. Alberto R. Gonzales, Attorney General, No. 05-10675 Denied Denied Sixth Circuit
Robert D. Jones v. Illinois, No. 05-10697 BIO Requested Denied Illinois
Kurt Eugene Sindorf v. California, No. 05-10742 Redistributed Decided California
Randy Lee Hughes v. California, No. 05-10775 Redistributed Decided California
Edward Thirston v. Illinois, No. 05-10784 Denied Denied Illinois
Kenneth Anderson v. Federal Bureau of Prisons, et al., No. 05-10811 Denied Denied Third Circuit
Eric Martin v. Margaret Chiara, No. 05-10823 Denied Denied Sixth Circuit
Clifton Clyde Reed, Jr. v. Missouri, No. 05-10855 Denied Denied Missouri
Terrence Bernard Hutchins v. United States, No. 05-10878 Denied Denied Eleventh Circuit
Alex Vincent Golosow, aka Vincent Terazzo v. West Virginia, No. 05-10889 Denied Denied West Virginia
James Guyton v. United States, No. 05-10892 Denied Denied Seventh Circuit
James Douglas Davis v. United States, No. 05-10895 Denied Rehearing Disposed Tenth Circuit
John Eric Hughes v. United States, No. 05-10898 Denied Denied Fourth Circuit
Wilbert Hackley, Jr., aka Butch v. United States, No. 05-10901 Denied Denied Fourth Circuit
Zelos Fields v. United States, No. 05-10904 Denied Denied Ninth Circuit
Gabriel Guillen-Zapata v. United States, No. 05-10906 Denied Denied Tenth Circuit
Gary Davis v. United States, No. 05-10912 Denied Denied Fourth Circuit
Michael A. Clark v. United States, No. 05-10913 Denied Denied Fourth Circuit
Quincy Demery v. United States, No. 05-10922 Denied Denied Fourth Circuit
Wallace Nunn v. United States, No. 05-10928 Denied Denied Seventh Circuit
Robert Rydell Williams v. United States, No. 05-10930 Denied Denied Eighth Circuit
Anthony Louis Sasso v. United States, No. 05-10933 Denied Denied Ninth Circuit
James N. Leon Guerrero v. United States, No. 05-10934 Denied Denied Ninth Circuit
Brian Maurice Oakman v. United States, No. 05-10935 Denied Denied Fourth Circuit
Claude Louis Duboc v. United States, No. 05-10939 Denied Rehearing Disposed Eleventh Circuit
Curly Emmanuel James v. United States, No. 05-10941 Denied Denied Ninth Circuit
Merced Olivas-Aldame v. United States, No. 05-10942 Denied Denied Fifth Circuit
Jose Carlos Merino-Leon v. United States, No. 05-10943 Denied Denied Eleventh Circuit
Ricky Lee Pritchett v. United States, No. 05-10944 Denied Denied Fourth Circuit
James D. Luedtke v. United States, No. 05-10947 Denied Denied Seventh Circuit
Gary Ross v. United States, No. 05-10951 Denied Denied First Circuit
Franklin Smith, Jr. v. United States, No. 05-10952 Denied Denied Fourth Circuit
Samuel Russell Flippen v. Marvin Polk, Warden, No. 05-10953 Capital Yes Denied Denied Fourth Circuit
Rogelio Reyes-Encinas v. United States, No. 05-10956 Denied Denied Ninth Circuit
Sylvester Norman Knows His Gun, III v. United States, No. 05-10957 Denied Denied Ninth Circuit
Daniel C. Gardener v. United States, No. 05-10961 Denied Denied Fourth Circuit
Manfred Grunefeld, aka Manfred Grunfeld v. United States, No. 05-10962 Denied Denied Eleventh Circuit
Steven Gibson v. United States, No. 05-10963 Denied Denied Eleventh Circuit
Howard Smith v. United States, No. 05-10965 Denied Denied Eighth Circuit
Robert Ray Ashcroft v. United States, No. 05-10969 Denied Denied Eleventh Circuit
Joseph Anthony Bell v. United States, No. 05-10970 BIO Requested Denied Fourth Circuit
Jose Antonio Zambrano Berrio v. United States, No. 05-10971 Denied Denied Eleventh Circuit
Anthony Burgess v. United States, No. 05-10972 Denied Denied Fourth Circuit
Felipe Noe Badillo-Perez v. United States, No. 05-10973 Denied Denied Sixth Circuit
Ronald James Amison v. United States, No. 05-10976 Denied Denied Eleventh Circuit
David Viola v. United States, No. 05-10979 Denied Denied Sixth Circuit
Omar Suarez v. United States, No. 05-10987 Denied Denied Eleventh Circuit
Ronnie Glenn Triplett v. United States, No. 05-10989 Denied Rehearing Disposed Tenth Circuit
Honey Lynn Wolfe v. United States, No. 05-10991 Denied Denied Sixth Circuit
Jesus Barrientos-Maldonado v. United States, No. 05-11001 Denied Denied Ninth Circuit
Christopher M. Barker v. United States, No. 05-11003 Denied Denied Eighth Circuit
Silvestre Santacruz-Sanchez v. United States, No. 05-11008 Denied Denied Ninth Circuit
Todd Alan Scofield v. United States, No. 05-11011 Denied Denied Eighth Circuit
Lashon Browning v. United States, No. 05-11013 Denied Denied Seventh Circuit
Luis Enrique Ovalle-Marquez v. United States, No. 05-11016 Denied Denied First Circuit
Sylvia Anita Ryan-Webster v. United States, No. 05-11017 Denied Rehearing Disposed Fourth Circuit
Wilden Mejia v. United States, No. 05-11019 Denied Denied Third Circuit
Torrey D. Jones v. United States, No. 05-11021 Denied Denied Seventh Circuit
Alfredo Rios v. United States, No. 05-11023 Denied Denied Fourth Circuit
Demetrio Saldana-Lopez v. United States, No. 05-11024 Denied Denied Ninth Circuit
Steven Allen Anthony v. United States, No. 05-11027 Denied Denied Eleventh Circuit
Henry Richardson v. United States, No. 05-11031 Denied Denied Eleventh Circuit
Randy Greene v. United States, No. 05-11032 BIO Requested Denied Fourth Circuit
Jesus Hernandez-Perez v. United States, No. 05-11033 Denied Denied Fifth Circuit
Monroe Crowner Harrod v. United States, No. 05-11035 Denied Denied Fourth Circuit
Ralph Leon Terry v. United States, No. 05-11037 Denied Denied Fourth Circuit
Charles E. Taylor v. Carol Holinka, Warden, No. 05-11038 Denied Denied Eighth Circuit
Eddie Roosevelt Hands v. United States, No. 05-11039 Denied Denied Eleventh Circuit
Martin R. Guerrero, Jr. v. United States, No. 05-11040 Denied Denied Fifth Circuit
Keith A. Pophal v. United States, No. 05-11042 Denied Denied Seventh Circuit
Wayne Anthony Joseph v. United States, No. 05-11044 Denied Denied Eleventh Circuit
Steve Stapleton v. United States, No. 05-11046 Denied Denied Fifth Circuit
David Medina-Valenzuela v. United States, No. 05-11047 Denied Denied Ninth Circuit
Mark Allen Jackson v. United States, No. 05-11049 Denied Denied Fourth Circuit
Victorino Aguirre-Cruz v. United States, No. 05-11050 Denied Denied Ninth Circuit
Reyes Manuel Ayon v. United States, No. 05-11051 Denied Denied Eighth Circuit
Antonio Alvarado v. United States, No. 05-11053 Denied Denied Fifth Circuit
Wilfredo Morales v. United States, No. 05-11054 Denied Denied First Circuit
Daniel Eugene Wright v. United States, No. 05-11055 Denied Denied Tenth Circuit
Salito Marques Good v. United States, No. 05-11063 Denied Denied Fourth Circuit
Damion M. Thomas v. United States, No. 05-11064 Denied Denied Seventh Circuit
Terry L. Dowdell v. United States, No. 05-11065 Denied Denied Fourth Circuit
Leonard I. Payne v. United States, No. 05-11066 Denied Denied Sixth Circuit
Jose Builes Medina v. United States, No. 05-11067 Denied Denied Eleventh Circuit
J. Richard Jamieson v. United States, No. 05-11068 Denied Denied Sixth Circuit
Omar Maldonado-Gutierrez v. United States, No. 05-11070 Denied Denied Ninth Circuit
Isaac Perry v. Stephen Dewalt, Warden, et al., No. 05-11079 Denied Denied Fourth Circuit
Jesus L. Aguilar v. Nathaniel Quarterman, Director, Texas Department of Criminal Justice, Correctional Institutions Division, No. 05-11108 Capital Yes Dismissed Dismissed Texas
Marco Antonio Velez v. United States, No. 05-11056 Denied Denied Fourth Circuit
Anthony Ciampi v. United States, No. 05-11058 Denied Denied First Circuit
Jeremy Bruce Shipp v. United States, No. 05-11060 Denied Denied Eleventh Circuit
Roylin Fairclough v. United States, No. 05-11061 Denied Denied Second Circuit
Antonio Bosley v. Burl Cain, Warden, No. 05-5810 Yes Denied Rehearing Disposed Fifth Circuit
Denver A. Youngblood, Jr. v. West Virginia, No. 05-6997 Yes Decided Decided West Virginia
Stephen Glagola v. Illinois, No. 05-8534 Rehearing Disposed Rehearing Disposed Illinois
William E. Wright v. Stuart J. Ryan, Acting Warden, No. 05-8650 Rehearing Disposed Rehearing Disposed Ninth Circuit
Hakim M. Abdul-Wasi v. Virginia, No. 05-8656 Yes Denied Denied Virginia
Joseph L. Anderson v. Alaska, No. 05-8785 Yes Redistributed Decided Alaska
Clarence D. Coakley v. United States, No. 05-8880 Yes Denied Denied Fourth Circuit
Arthur D. Rutherford v. James R. McDonough, Interim Secretary, Florida Department of Corrections, et al., No. 05-8895 Capital Yes GVR Decided Eleventh Circuit
Rodney Lloyd Bradford v. United States, No. 05-9085 Yes Denied Denied Fourth Circuit
Bryan N. Taylor v. Don Taylor, Warden, No. 05-9109 Rehearing Disposed Rehearing Disposed Ninth Circuit
Zakariah LaFreniere v. Trustees of California State University, No. 05-9212 Denied Denied Ninth Circuit
Rigoberto Grijalva-Lopez v. United States, No. 05-9247 Yes Redistributed Denied Fifth Circuit
Frank B. Cockrell, II v. United States District Court for the Central District of California, No. 05-9258 Rehearing Disposed Rehearing Disposed Ninth Circuit
Ezell Eugene Minton, Jr. v. Doug Dretke, Director, Texas Department of Criminal Justice, Correctional Institutions Division, No. 05-9387 Rehearing Disposed Rehearing Disposed Fifth Circuit
Michael Alan Mooney v. United States, No. 05-9467 Yes Denied Denied Eighth Circuit
Robert A. Burke v. United States, No. 05-9469 Yes Denied Denied Seventh Circuit
Gerald Patrick Lewis v. Georgia, No. 05-9479 Capital Yes Rehearing Disposed Rehearing Disposed Georgia
Prisciliano Jimenez-Cid v. United States, No. 05-9558 Yes Denied Denied Fifth Circuit
In Re Joseph W. Higgins, No. 05-9671 Rehearing Disposed Rehearing Disposed
Kenrick Brown v. United States, No. 05-9733 Yes Denied Denied Eleventh Circuit
George Martin v. Alabama, No. 05-9779 Capital Yes Denied Denied Alabama
Marquis Iben Alashanti v. California, No. 05-10428 Redistributed Decided California