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   Federal Courts - 11th Circuit Court of Appeals - January 12, 2007

  
Emuchay v. Vasquez, No. 05-15928 Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 12, 2007, Decided , January 12, 2007, Filed
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Overview: A district court's dismissal of a pro se federal inmate's 28 U.S.C.S. § 2241 petition was affirmed because the inmate did not satisfy the first element of the Wofford analysis; her attempt to use the Apprendi decision and the Blakely decision as retroactively applicable United States Supreme Court decisions were without merit.

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Mitschell v. Donald, No. 06-13075 Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 12, 2007, Decided , January 12, 2007, Filed
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Overview: A district court's 28 U.S.C.S. § 1915A dismissal without prejudice of a pro se state inmate's § 1983 case was affirmed since his claim for monetary damages was barred by the Heck decision, and his argument that he should be released from prison and placed on probation had to be made in a habeas corpus petition.

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Posso v. United States AG, No. 06-13848 Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 12, 2007, Decided , January 12, 2007, Filed
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Overview: A petition for review was denied as substantial evidence supported an IJ's adverse credibility finding since, inter alia, the contradictions in the alien's testimony and asylum application were neither minor or non-material and went to the heart of his claim as they related to when he moved in response to the threats that he claimed he received.

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Puentes-Oviedo v. United States AG, No. 06-12801 Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 12, 2007, Decided , January 12, 2007, Filed
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Overview: A petition for review was denied because, while the alien's motion to re-open was timely as to the BIA's denial of his motion for reconsideration, the BIA did not abuse its discretion in denying the motion; the fact that the alien did not obtain the letters in question until after the removal hearing did not make them unavailable earlier.

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Sharpe v. United States, No. 06-11945 Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 12, 2007, Decided , January 12, 2007, Filed
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Overview: In a 28 U.S.C.S. § 2241 case, a district court's denial of relief was affirmed because the pro se federal inmate had not shown that 28 U.S.C.S. § 2255 was inadequate or ineffective under any of the three prongs of the Wofford test, and the fact that his prior § 2255 motion had been denied did not make § 2255 ineffective.

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United States v. Gonzalez, No. 06-12447 Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 12, 2007, Decided , January 12, 2007, Filed
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Overview: Defendant's concurrent 84-month sentences for violating 21 U.S.C.S. §§ 841(a)(1) and (b)(1)(A)(vii) and 846 were affirmed since the district court correctly found him accountable for 11,152 marijuana plants, the district court did not err in denying a U.S. Sentencing Guidelines Manual § 3B1.2 minor role reduction, and the sentence was reasonable.

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United States v. Harmon, No. 06-12017 Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 12, 2007, Decided , January 12, 2007, Filed
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Overview: At his trial for violating 18 U.S.C.S. § 922(g)(1), defendant was not entitled to present evidence regarding shooting incident for purposes of asserting justification defense; evidence showed that defendant was not faced with imminent threat of death when he took gun from his sister, went to trailer park, and shot individual who had threatened him.

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United States v. Pomare, No. 05-16939 Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 12, 2007, Decided , January 12, 2007, Filed
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United States v. Stewart, No. 06-13076 Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 12, 2007, Decided , January 12, 2007, Filed
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Overview: Defendant's conviction for violating 18 U.S.C.S. §§ 922(g) and 924(e) was affirmed because a warrantless search of his house did not violate his Fourth Amendment rights; his parole certificate required him to submit to a search at any time without a warrant, therefore, the search was authorized by the terms of his parole conditions.

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United States v. Tyler, No. 06-11992 Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 12, 2007, Decided , January 12, 2007, Filed
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Overview: Defendant's conviction for carry a firearm in relation to a drug trafficking offense, in violation of 18 U.S.C.S. § 924(c) was affirmed because the evidence was sufficient to establish the "in relation to" element, and, since the evidence showed that defendant possessed 15 grams of crack cocaine, the jury could infer distribution.

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