The White House plans to nominate the judge who presided over the Bernard Madoff case to the appeals court that Supreme Court Justice Sonia Sotomayor served on, Sen. Charles Schumer said Wednesday.

Schumer said in a statement that his office told the White House that U.S. District Judge Denny Chin "would be an outstanding choice" for an appointment to the 2nd U.S. Circuit Court of Appeals in Manhattan.

One of the four openings on the appeals court was created Sotomayor was elevated to the U.S. Supreme Court. She heard her first case as a justice on Wednesday.

Chin, 55, sentenced Wall Street swindler Madoff earlier this summer to 150 years in prison for cheating thousands of people out of billions of dollars.

Schumer praised Chin in his two-sentence statement, saying: "Even in the most high-profile of cases, he has been unflappable, erudite and steadily applied the law." Chin did not comment publicly on Schumer's statement Wednesday.

Chin was widely celebrated for his decision to jail 71-year-old Madoff immediately after he pleaded guilty to fraud charges in March and for sentencing him to the maximum prison term in June. Yet Chin also has gained respect for his compassion on the bench.

In November 2007, he cited then-83-year-old Oscar Wyatt Jr.'s age and military service during World War II as he sentenced the Texas oilman to a year and a day in prison for his role in the Iraqi oil-for-food scandal.

Nine months earlier, he reversed a jury verdict, saying evidence did not support the fraud conviction of a former New York Stock Exchange floor supervisor who once oversaw all trading in General Electric Co. stock.

An appeals court panel upheld on Wednesday the conviction of a pharmacist for conspiracy to unlawfully distribute prescription drugs through a Wichita-based Internet pharmacy.

But the panel from the 10th U.S. Circuit Court of Appeals in Denver also threw out the conviction of a co-defendant who worked as a computer technician for Red Mesa Pharmacy.

Pharmacist Jerry Lovern and computer technician Robert Barron were convicted in February 2008 of one count of conspiracy and three counts of unlawfully distributing controlled substances.

Prosecutors said Red Mesa Pharmacy distributed more than 9,200 orders between December 2005 and March 2006 for prescriptions approved by doctors who did not physically examine the buyers or have any communication with them. The prescriptions cited included Ambien, a controlled drug used for insomnia; and phentermine, a stimulant that is sometimes contained in prescription drugs used for weight loss.

Red Mesa's owner, Dr. Wilbur Hilst of Wewoka, Okla., is serving a 33-month sentence after pleading guilty to conspiracy to unlawfully distribute prescription drugs.

Finally, auction day has come for the Phoenix Coyotes. It's two days, actually.

The NHL franchise is to be sold at auction in a two-day hearing that began Thursday in U.S. Bankruptcy Court in downtown Phoenix.

Only two bids have been made.

One by Canadian billionaire James Balsillie is contingent on moving the team to Hamilton, Ontario, over the overwhelming opposition of the NHL.

The other is by the NHL, which says it will resell the team outside of the bankruptcy process, either to an owner who would keep the team in Glendale or, failing that, to someone who would relocate the franchise. Balsillie and NHL commissioner Gary Bettman were in the crowded courtroom when the hearing began.

THIS IS A BREAKING NEWS UPDATE. Check back soon for further information. AP's earlier story is below.

PHOENIX (AP) — Finally, auction day has come for the Phoenix Coyotes. It's two days, actually.

The NHL franchise is to be sold at auction in a two-day hearing that begins Thursday in U.S. Bankruptcy Court in downtown Phoenix.

Only two bids have been made. One by Canadian billionaire James Balsillie is contingent on moving the team to Hamilton, Ontario, over the overwhelming opposition by the NHL.

The other is by the NHL, which says it will resell the team outside of the bankruptcy process, either to an owner who would keep the team in Glendale or, failing that, to someone who would relocate the franchise.

A New York City man arrested for running onto the court at the U.S. Open to kiss Rafael Nadal will be charged with trespassing and faces possible jail time if convicted, prosecutors said Wednesday.

Noam U. Aorta dashed out of the stands at Arthur Ashe Stadium in Queens just after midnight Wednesday after Nadal advanced to the quarterfinals by beating Gael Monfils, prosecutors said. Aorta ran onto the court, then hugged and kissed the Spanish star as he was changing shirts on the sideline before security guards took him into custody, they said.

"For me, it wasn't a problem. The guy was really nice," Nadal said. "He said, 'I love you,' and he kissed me."

District Attorney Richard Brown, however, called it "particularly disturbing" because Aorta made physical contact with Nadal. Brown noted that Monica Seles was stabbed in the back in 1993 by a spectator on a tennis court in Hamburg, Germany.

Aorta, 23, of Queens, will be charged with third-degree criminal trespass and interfering with a professional sporting event, prosecutors said. If convicted, he faces a maximum one year in jail and $5,000 in fines.

U.S. fast food giant McDonald's lost an eight-year trademark battle to prevent local restaurant McCurry from using the 'Mc' prefix in a precedent-setting judgment by Malaysia's highest court.

The Federal Court ruled Tuesday that McDonald's cannot appeal against another court's verdict that had allowed McCurry to use 'Mc' in its name. The owner says McCurry, which serves Indian food, is an abbreviation for Malaysian Chicken Curry.

The ruling by a three-member panel of the Federal Court ends all legal avenues for McDonald's to protect its name from what it said was a trademark infringement.

"On the basis of unanimous decision, our view is that" McDonald's plea to carry the case forward has no merit, said chief judge Arifin Zakaria. "It is unfortunate that we have to dismiss the application with costs," he said.

McDonald's will have to pay 10,000 ringgit ($2,900) to McCurry, a popular eatery in Jalan Ipoh on the edge of Kuala Lumpur's downtown. McDonald's lawyers refused to comment, except to say the company will abide by the judgment.

McCurry lawyer Sri Devi Nair said the ruling means McDonald's does not have a monopoly on the prefix 'Mc,' and that other restaurants could also use it as long as they distinguish their food from McDonald's.

Two studies conducted for the NHL set a potential relocation fee of $101 million to $195 million to move the Phoenix Coyotes to Hamilton, Ontario.

The figures are listed in a lengthy brief filed over the weekend in the bitter fight in U.S. Bankruptcy Court over ownership of the franchise.

The potential fees are in stark contrast to the $11.2 million to $12.9 million cited by economics professor Andrew Zimbalist in a study conducted for Canadian billionaire James Balsillie. Balsillie, co-CEO of the company that makes the Blackberry, wants to buy the franchise for $212.5 million, contingent on moving it to Hamilton.

The NHL made a last-minute bid of $140 million to purchase the team and keep it in Arizona.

The team is to be sold at auction on Thursday, but many legal issues have yet to be resolved.

The league, in determining a potential relocation fee, cited studies conducted for the NHL by the Barrett Sports Group and Sports Value Consulting.

The Barrett study concludes that the franchise in Hamilton would be worth $261.8 million to $279.8 million. Sports Value's figure was a whopping $315 million.

Meanwhile, Barrett said the Coyotes in Glendale would be worth $163 million to $176 million and Sports Value places the figure at $120 million.

The NHL refuses to consider the possible relocation of the franchise, however, because its board of governors voted 26-0 with three abstentions against Balsillie as an owner.