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Federal Courts -
11th Circuit Court of Appeals - January 5, 2006
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Castillo v. Fed. Corr. Inst. of Tallahassee, No. 05-12857 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 5, 2006, Decided , January 5, 2006, Filed
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Overview: A prisoner was not entitled to credit for time served against her federal sentence because she had already been awarded credit against her state sentence for the period of August 20, 2000, through November 20, 2001, and, pursuant to the clear terms of 18 U.S.C.S. § 3585(b), she was not entitled to a second credit against her federal sentence.
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Holt v. Blakely, No. 05-13245 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 5, 2006, Decided , January 5, 2006, Filed
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Overview: Summary judgment was properly granted to police officers because they submitted affidavits discussing the bases for obtaining search warrants of a homeowner's residence, copies of the warrants, and property records showing that the homeowner authorized the police to use his keys, and the homeowner relied only on his own pleadings as rebuttal.
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Owens v. Monsanto Co., No. 05-13258 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 5, 2006, Decided , January 5, 2006, Filed
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Overview: District court enjoined plaintiffs from attempting to challenge its October 2003 order interpreting settlement agreement and ordering defendant to pay plaintiffs $ 1,337,352.20. Appellate court found that district court acted well within its discretion in entering injunction and in denying plaintiffs' request for discovery and evidentiary hearing.
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Soto v. United States AG, No. 05-12938 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 5, 2006, Decided , January 5, 2006, Filed
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Overview: Because a Colombian citizen could not satisfy the burden of showing that he had a well-founded fear of persecution that would make him eligible for asylum, he could not satisfy the more stringent burdens required to establish entitlement to withholding of removal under the INA, 8 U.S.C.S. §§ 1158, 1231, or under the CAT.
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United States v. Aguirre, No. 05-12354 Non-Argument Calendar, No. 05-12711 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 5, 2006, Decided , January 5, 2006, Filed
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Overview: Because defendants were held accountable only for those drugs that they handled, and failed to show that their conduct in helping to transport the cocaine and throwing the cocaine into the water rendered them less culpable than other participants, the district court did not clearly err by denying their requests for mitigating-role reductions.
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