Claude A. Allen 4th Circuit Court of Appeals (Nomination expired in December 2004) Jay S. Bybee 9th Circuit Court of Appeals (Nomination confirmed by US Senate) Justice Deborah Cook 6th Circuit Court of Appeals (Nomination confirmed by US Senate) Miguel A. Estrada DC Circuit Court of Appeals (Nomination withdrawn September 4, 2003) D. Michael Fisher 3rd Circuit Court of Appeals (Nomination confirmed by US Senate) Judge Carolyn Kuhl 9th Circuit Court of Appeals (Nomination expired in December 2004) Michael W. McConnell 10th Circuit Court of Appeals (Nomination confirmed by US Senate) Judge Charles Pickering, Sr. 5th Circuit Court of Appeals (Recess Appointment by President Bush on January 16, 2004) John Roberts DC Circuit Court of Appeals (Nomination confirmed by US Senate) Judge Dennis W. Shedd 4th Circuit Court of Appeals (Nomination confirmed by US Senate) Judge D. Brooks Smith 3rd Circuit Court of Appeals (Nomination confirmed by US Senate) Commissioner Lavenski Smith 8th Circuit Court of Appeals (Nomination confirmed by US Senate) Jeffrey A. Sutton 6th Circuit Court of Appeals (Nomination confirmed by US Senate) Justice Diane Sykes 7th Circuit Court of Appeals (Nomination confirmed by US Senate) Timothy M. Tymkovich 10th Circuit Court of Appeals (Nomination confirmed by US Senate)