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   Federal Courts - 11th Circuit Court of Appeals - January 12, 2006

  
Christian v. Cartersville City Sch. Bd. of Educ., No. 05-11131 Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 12, 2006, Decided , January 12, 2006, Filed
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Overview: Summary judgment for a school board was affirmed because a former teacher failed to establish a prima facie case of race discrimination under Title VII since an earlier decision to terminate when no written notice of termination was delivered to the teacher was incapable under O.C.G.A. § 20-2-211 of effecting an adverse change in her employment.

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Dresdner Bank AG v. M/V Olympia Voyager, No. 05-10895, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 12, 2006, Decided , January 12, 2006, Filed
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Sanchez v. United States AG, No. 05-13030 Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 12, 2006, Decided , January 12, 2006, Filed
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Overview: Petition for review of BIA's decision was dismissed in part because the IJ's credibility determination was not adopted by the BIA, and the alien failed to exhaust one of her claims, and thus, neither issue was before the court; the evidence did not compel reversal of the finding that interest in the alien was not based on her political opinion.

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Sullivan v. City of Pembroke Pines, No. 05-12754 Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 12, 2006, Decided , January 12, 2006, Filed
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Overview: Summary judgment was granted in a 42 U.S.C.S. § 1983 case based on false arrest because an officer had probable cause to believe that an injured party was violating Fla. Stat. § 843.02 when she refused to reenter her vehicle and kept interfering with an investigation by talking to the officer and asking for his name.

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United States v. Fregel, No. 05-11310 Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 12, 2006, Decided , January 12, 2006, Filed
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United States v. Gardner, No. 04-15249 Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 12, 2006, Decided , January 12, 2006, Filed
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Overview: Defendant's narcotics conspiracy convictions were affirmed because it was not error under Fed. R. Evid. 403, 404(b) to present testimony of a codefendant about evidence of drug deals between defendant and the codefendant that predated the charged conspiracy since the testimony was inexplicably intertwined with evidence of the charged crimes.

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United States v. Gilart, No. 05-13534 Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 12, 2006, Decided , January 12, 2006, Filed
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Overview: Defendant's sentence for conspiracy to possess with intent to distribute 5 kilograms of cocaine in violation of 21 U.S.C.S. § 846 was affirmed because it was not error to enhance his sentence based on acquitted conduct and conduct that contradicted a special jury verdict where a higher drug quantity was found by a preponderance of the evidence.

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United States v. Thomas, No. 05-12446 Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 12, 2006, Decided , January 12, 2006, Filed
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Overview: Motion to suppress was properly denied because an affidavit that two controlled purchases of drug purchases corroborated an informants' statements that ecstacy and cocaine could be purchased from defendant's apartment established a probable cause link between defendant and the likelihood of illegal drugs in the apartment searched under the warrant.

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United States v. Williams, No. 05-11196 Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 12, 2006, Decided , January 12, 2006, Filed
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Overview: Fourth Amendment rights were not violated by a search because the affidavit in support of the warrant established probable cause; it showed that defendant had an ongoing connection with a storage unit, he rented it using a false identity, he had significant amounts of cash in various bank accounts, and he allegedly used the unit to hide drugs.

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