U.S. Tenth Circuit - The FindLaw 10th Circuit Court of Appeals Opinion Summaries Blog

Denial of Motion to Intervene in Environmental Dispute Affirmed, and Criminal Matter

In Oklahoma v. Tyson Foods, Inc., No. 09-5134, an appeal by the Cherokee Nation from the district court's denial of its motion to intervene in a dispute between the State of Oklahoma and Tyson Foods regarding Tyson's alleged disposal of poultry waste in the Illinois River Watershed, the court affirmed where the district court could properly find that the Nation had unduly delayed seeking to intervene because from the outset of the litigation it had no reason to believe that the State would represent its interests in monetary relief.


In US v. Leyva-Matos, No. 09-2304, the court dismissed defendant's appeal from his sentence for possessing marijuana with intent to distribute and conspiring to possess marijuana with intent to distribute, holding that defendant's appellate waiver in his plea agreement was valid and enforceable.

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