United States v. Tyrone M. Clark, 941 F.2d 1213 (10th Cir. 1991). · Go Syfert
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United States v. Tyrone M. Clark, 941 F.2d 1213 (10th Cir. 1991). Cases Citing This Book View Copy Cite
32 citation events (4 in the last 25 years) across 4 distinct courts.
Strongest positive: Habil v. INS (ca10, 1996-08-05)
Treatment trajectory · 1991 → 2026 · click a year to view as-of
1991 2008 2026
Top citers, strongest first. 4 distinct citers. How cited ↗
cited Cited as authority (rule) Habil v. INS
10th Cir. · 1996 · confidence medium
Habil, 941 F.2d at 1213.
cited Cited "see" United States v. Nelson
D. Kan. · 2001 · signal: see · confidence high
See United States v. Nelson, 941 F.2d 1213 , 1991 WL 163061 (10th Cir. Aug. 23, 1991), cert. denied, 502 U.S. 1044 , 112 S.Ct. 902 , 116 L.Ed.2d 803 (1992).
cited Cited "see" United States v. Moss
D. Kan. · 2001 · signal: see · confidence high
See United States *1252 v. Nelson, et al., 941 F.2d 1213 , 1991 WL 163061 (10th Cir. Aug. 23, 1991), cert. denied, 502 U.S. 1044 , 112 S.Ct. 902 , 116 L.Ed.2d 803 (1992).
discussed Cited "see, e.g." Equal Employment Opportunity Commission v. JetStream Ground Services, Inc.
D. Colo. · 2015 · signal: see also · confidence low
Such an offer, however, must be “unconditional” — and a rejected offer of reinstatement does not end ongoing back-pay liability “if the claimant’s rejection of the offer was reasonable given the form of the offer and the circumstances surrounding it.” Id.; see also Lemons v. ICM Mortgage Corp., 941 F.2d 1213 (10th Cir.1991) (emphasis added) (“Only an unreasonable rejection of a reinstatement offer will toll a plaintiffs damages); Giandonato v. Sybron Corp., 804 F.2d 120, 124 (10th Cir.1986) (“an employee’s refusal to accept reinstatement does not automatically preclude relief…
Retrieving the full opinion text from the archive…
United States
v.
Tyrone M. Clark
90-3227.
Court of Appeals for the Tenth Circuit.
Aug 23, 1991.
941 F.2d 1213
Published

941 F.2d 1213

NOTICE: Although citation of unpublished opinions remains unfavored, unpublished opinions may now be cited if the opinion has persuasive value on a material issue, and a copy is attached to the citing document or, if cited in oral argument, copies are furnished to the Court and all parties. See General Order of November 29, 1993, suspending 10th Cir. Rule 36.3 until December 31, 1995, or further order.

UNITED STATES of America, Plaintiff-Appellee,
v.
Tyrone M. CLARK, Defendant-Appellant.

No. 90-3227.

United States Court of Appeals, Tenth Circuit.

Aug. 23, 1991.

Before LOGAN, JOHN P. MOORE and BALDOCK, Circuit Judges.

ORDER AND JUDGMENT[*]

JOHN P. MOORE, Circuit Judge.

1

After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed.R.App.P. 34(a); 10th Cir.R. 34.1.9. The cause is therefore ordered submitted without oral argument.

2

This is an appeal following imposition of a cost of incarceration and supervision fine. Because the trial court did not impose a punitive fine, the government has confessed the fine is contrary to United States v. Labat, 915 F.2d 603 (10th Cir.1990), and concedes the fine should be vacated.[1] We agree.

3

The case is REMANDED WITH DIRECTIONS to vacate that part of the judgment of conviction imposing a fine in the amount of $7,309.08 "for the cost of supervision and Halfway House costs."

*

This order and judgment has no precedential value and shall not be cited, or used by any court within the Tenth Circuit, except for purposes of establishing the doctrines of the law of the case, res judicata, or collateral estoppel. 10th Cir.R. 36.3

1

Judgment was imposed in this case prior to publication of Labat