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| Dubose v. United States, No. 06-13851 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 9, 2007, Decided , January 9, 2007, Filed
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Overview: A district court's denial of a federal inmate's 28 U.S.C.S. § 2255 motion to vacate was affirmed because the inmate's trial counsel's failure to advance an argument premised on the ground that the United States Supreme Court would apply the Apprendi decision to the U.S. Sentencing Guidelines did not constitute ineffective assistance of counsel.
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| Gustafson v. Johns, No. 06-13508 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 9, 2007, Decided , January 9, 2007, Filed
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Overview: Federal appeals court had jurisdiction to hear an appeal from a decision by a three-judge panel that denied constitutional claims raised by Alabama voters challenging state redistricting plans under the U.S. Supreme Court's judicially created exception to 28 U.S.C.S. § 1253 because a decision based on res judicata was not a decision on the merits.
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| Lemuel v. Lifestar Response of Ala., Inc., No. 06-11155,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 9, 2007, Decided , January 9, 2007, Filed
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Overview: Where a state court determined that insured had actual notice of widow's wrongful death suit six months prior to insured's notifying insurer of widow's suit, such issue was already decided under the res judicata doctrine and disposed of insured's argument that it was covered under policy because insured gave insurer notice within a reasonable time.
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| Pittman v. Tucker, No. 06-11454 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 9, 2007, Decided , January 9, 2007, Filed
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Overview: A district court's entry of summary judgment in favor of a prison officer who told the inmate that "something drastic" would happen if the inmate continued to file grievances was vacated because if made, the threat was sufficient under the First Amendment to deter a person of ordinary firmness from filing more grievances.
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| United States v. McCarty, No. 06-12994 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 9, 2007, Decided , January 9, 2007, Filed
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Overview: While defendant's aunt had only used the bedroom where the gun was concealed for two weeks, had not used the closet where the gun was, and did not know it was there, and defendant told the search warrant officer he was holding the gun for a friend, the jury reasonably inferred constructive possession under 18 U.S.C.S. § 922(g)(1).
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| United States v. Robinson, No. 05-17237 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 9, 2007, Decided , January 9, 2007, Filed
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Overview: Because defendant was held accountable at sentencing only for his actual conduct of serving as a crew member on a boat transporting over 1,100 kilograms of cocaine, the district court did not clearly err in finding that he did not qualify for a minor role adjustment under U.S. Sentencing Guidelines Manual § 3B1.2(b) and the sentence was affirmed.
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