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   Federal Courts - 11th Circuit Court of Appeals - January 10 - January 11, 2007

  
Flores v. United States AG, No. 06-12744 Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 10, 2007, Decided , January 10, 2007, Filed
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Overview: A petition for review was denied because an IJ correctly found that an alien waived confidentiality under 8 U.S.C.S. § 1255a when the alien filed his § 1255a application as an exhibit attached to his motion to reopen, and the IJ did not exceed his jurisdiction when he determined that the § 1255a application was fraudulent.

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Gashi v. United States AG, No. 06-12276 Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 10, 2007, Decided , January 10, 2007, Filed
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Overview: Where news articles reporting the death of the alien's political party's president reported no incidents of violence against ethnic Albanians but referenced only a possibility that a successor might not share a commitment to nonviolence, the denial of the Kosovo alien's motion to reopen his 8 U.S.C.S. §§ 1158, 1231, asylum proceedings was upheld.

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Gomez v. Doe, No. 06-10091 Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 10, 2007, Decided , January 10, 2007, Filed
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Overview: A district court's 28 U.S.C.S. § 1915(e)(2)(B)(ii) dismissal of a pro se state inmate's § 1983 complaint was affirmed since, even if the inmate was entitled to maximum possible tolling period provided for by Fla. Stat. § 95.051(1)(d) and (h), the statute of limitations period had expired more than 10 years before the inmate filed his complaint.

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In re Eichholz, No. 06-14476 Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 10, 2007, Decided , January 10, 2007, Filed
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Overview: An attorney's suspension from the practice of law in a federal district court was affirmed because there was sufficient evidence to show that he had violated Ga. St. Bar R. 4-102(d):1.1, 1.2, 1.3, 1.4, 5.3, and 5.5, the attorney's due process rights were not violated, and the sanctions were not too harsh.

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Odili v. United States Parole Comm'n, No. 05-12717, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 10, 2007, Decided , January 10, 2007, Filed
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Overview: An American imprisoned in Panama for helping grind cocaine for illegal export was properly sentenced by the U.S. Parole Commission in a transfer treaty hearing under 18 U.S.C.S. § 4106A; a mitigating role adjustment under USSG § 3B1.2 was denied because his testimony that a stranger recruited him for the job on a one-time basis was not credible.

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Bismark v. Fisher, No. 05-10013, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 11, 2007, Decided , January 11, 2007, Filed
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Overview: Where an inmate's deformity caused his feet to be rubbed raw by prison shoes, and the prison doctor advised pain medication and buying sneakers at the prison canteen, which would have alleviated the condition, no deliberate indifference was shown under the Eighth Amendment; the doctor did not have to implement the treatment plan of a prior doctor.

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United States v. Cain, No. 06-13538 Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 11, 2007, Decided , January 11, 2007, Filed
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United States v. Turner, No. 05-14388, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 11, 2007, Decided , January 11, 2007, Filed
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Overview: Defendant, tried jointly with her boyfriend, was not entitled to reversal of robbery-related convictions; although the prosecutor committed blatant Bruton errors by eliciting from witnesses her boyfriend's inculpatory extra-judicial statements to prove the existence of a criminal plan, overwhelming evidence of guilt precluded a plain error finding.

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Varela-Jimenez v. United States AG, No. 06-13760 Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 11, 2007, Decided , January 11, 2007, Filed
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Overview: Because the alien only submitted two letters stating she left Colombia over security concerns, without mentioning threats from the guerilla group due to her political activities, review of the BIA's denial of her application for asylum and withholding of removal under 8 U.S.C.S. §§ 1101(a)(42)(A), 1158(a)(1), (b)(1), 1231(b)(3), was denied.

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