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| Bakrac, Inc. v. Villager Franchise Sys., No. 03-16197,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 6, 2006, Decided , January 6, 2006, Filed
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Overview: A franchisee and its owner made a valid, knowing waiver of their Seventh Amendment right to a jury trial in its mail and wire fraud RICO action because the waiver was conspicuously set forth in franchise agreement in large type and plain language and owner was college educated and had experience in hotel operations, the subject of the agreement.
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| Bullard v. Downs, No. 05-14181 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 6, 2006, Decided , January 6, 2006, Filed
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Overview: District court did not abuse discretion in sanctioning plaintiffs under Fed. R. Civ. P. 11 in suit against judges for alleged civil rights violations during adjudication of plaintiffs' trespass action against neighbors, as plaintiffs conceded suit was barred by clear and well-entrenched doctrine of judicial immunity and suit was patently frivolous.
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| Campbell v. Rainbow City, No. 04-11409,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 6, 2006, Decided , January 6, 2006, Filed
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Overview: Individuals did not offer evidence to support Fourteenth Amendment equal protection claim based on planning commission's denial of tentative approval for proposed building project; individuals sought to build residential complex, and it would have been error to consider commercial developments seeking tentative approval as similarly situated.
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| United States v. Holt, No. 05-10721 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 6, 2006, Decided , January 6, 2006, Filed
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Overview: Where a district court was aware that the U.S. Sentencing Guidelines were merely advisory, any judicial factfinding done by the district court in sentencing defendant did not implicate the Sixth Amendment. Because the sentence of 18 months imposed on defendant's mail fraud conviction was entirely reasonable, the sentence was affirmed.
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| United States v. Ndiaye, No. 04-11283,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 6, 2006, Decided , January 6, 2006, Filed
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Overview: District court did not abuse its discretion in excluding co-conspirator's testimony under Fed. R. Evid. 608(1)(b) because it would not have impeached the conspiracy's ringleader about his conspiratorial relationships, his conduct during the conspiracy, and his profits during the conspiracy because she had little or no knowledge about those topics.
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| United States v. Plair, No. 05-12913 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 6, 2006, Decided , January 6, 2006, Filed
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| United States v. Pugh, No. 04-11902 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 6, 2006, Decided , January 6, 2006, Filed
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Overview: The law of the case doctrine barred the majority of defendant's claims, including his arguments that 18 U.S.C.S. § 922(g) was an unconstitutional exercise of power under the Commerce Clause, and that the government engaged in misconduct, because the court previously affirmed his convictions and remanded only for resentencing.
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| United States v. Rose, No. 05-11997 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 6, 2006, Decided , January 6, 2006, Filed
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Overview: Where as a matter of law, defendant's prior conviction was an aggravated felony, allowing for minimum mandatory sentence under 8 U.S.C.S. § 1326, and it was a drug trafficking offense with a sentence over 13 months for enhancement under USSG § 2L1.1(b)(1)(A), the district court did not resolve any disputed facts to violate Fifth or Sixth Amendment.
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| United States v. Sandoval, No. 05-12147 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 6, 2006, Decided , January 6, 2006, Filed
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