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| Cano v. Baker, No. 05-11641 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 11, 2006, Decided
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Overview: A prevailing plaintiff was not entitled to relief under Fed. R. Civ. P. 60(b) from a judgment entered 32 years earlier in action challenging Georgia's Abortion Act because district court did not abuse its discretion in finding that it had no authority to reverse United States Supreme Court decision in the case that had not been overruled.
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| Logreira v. Sec'y for the Dep't of Corr., NO. 05-13778 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 11, 2006, Decided , January 11, 2006, Filed
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Overview: Inmate's § 2254 petition was untimely, 28 U.S.C.S. § 2244(d)(1). Inmate argued time for filing petition was equitably tolled for 224 days because state court failed to serve him with copy of order denying state relief during that time; however, after he learned state application had been denied, he waited six months to file § 2254 petition.
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| Qiao Dan Wang v. United States AG, No. 05-13359 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 11, 2006, Decided , January 11, 2006, Filed
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Overview: Where an alien claimed her boss sexually harassed her and the Chinese police threatened her to keep quiet, but she was never arrested, detained, or interrogated on account of practicing Falun Gong, she was ineligible for asylum under 8 U.S.C.S. § 1158(a)(1), withholding of removal, and relief pursuant to the Immigration and Nationality Act.
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| United States v. Norman, No. 04-15292,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 11, 2006, Decided , January 11, 2006, Filed
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Overview: Where police obtained information from an anonymous tipster about drug activity at a residence, that information was corroborated to some extent by police observation, and one defendant threw a bag in the trash during surveillance that contained drug residue, there was sufficient probable cause to support a search warrant for the residence.
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| United States v. Prevo, No. 04-15310,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 11, 2006, Decided , January 11, 2006, Filed
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Overview: Where signs in a prison parking lot warned that cars were subject to searches and defendant drove onto the lot, officers did not violate the Fourth Amendment by not permitting her to leave without a search and the gun and cocaine found in her car were properly not suppressed.
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| United States v. Riley, No. 05-13775 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 11, 2006, Decided , January 11, 2006, Filed
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Overview: Because a sentencing reduction pursuant to U.S. Sentencing Guidelines Manual Amendment 668 was not consistent with the Guidelines, a district court clearly erred by granting a reduction to an inmate's sentence based on Amendment 668 and the advisory Guidelines, and by denying the government's motion for reconsideration.
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