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   Federal Courts - 11th Circuit Court of Appeals - January 13, 2006

  
Brenner v. Comm'r, No. 05-10916 Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 13, 2006, Decided , January 13, 2006, Filed
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Overview: Court of appeals affirmed the tax court's judgment rejecting a taxpayer's claim that a notice of deficiency he received from the IRS was invalid because it was not based on a return he filed or a substitute return the IRS prepared, and it upheld the tax court's order requiring the taxpayer to pay a $15,000 penalty for making a frivolous argument.

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Favuzza v. Manors, No. 05-10694, Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 13, 2006, Decided , January 13, 2006, Filed
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Overview: Where magistrate judge noted that plaintiff had not met his burden to show sufficient prejudice, and appellate court found that it was hard-pressed to conclude that the argument rose to the level of misconduct that was necessary for granting a new trial, there was no abuse of the magistrate judge's discretion in ruling on the motion for new trial.

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Patton v. City of Hapeville, No. 05-14672 Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 13, 2006, Decided , January 13, 2006, Filed
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Powell v. United States, No. 05-11593, Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 13, 2006, Decided , January 13, 2006, Filed
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Overview: District court's denial of defendant's pro se motion under 28 U.S.C.S. § 2255 to vacate his sentence was affirmed because counsel's performance was not constitutionally deficient, and defendant failed to establish prejudice regarding investigation into defendant's prior sentencing enhancement convictions and defendant's possible appeal.

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Tjokro v. United States AG, Nos. 04-12386 & 04-16635, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 13, 2006, Decided , January 13, 2006, Filed
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United States v. Davila-Rodriguez, No. 05-11921, Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 13, 2006, Decided , January 13, 2006, Filed
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Overview: District court did not err in sentencing defendant as career offender under U.S. Sentencing Guidelines Manual § 4B1.1 where determination of enhancing his sentence did not implicate Apprendi/Blakely/Booker line of cases. District court did not err in considering defendant's prior convictions in sentencing him under advisory-guideline scheme.

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United States v. Gonzalez, No. 05-11091 Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 13, 2006, Decided , January 13, 2006, Filed
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Overview: Court of appeals vacated and remanded the district court's judgment sentencing defendant who was convicted of violating 21 U.S.C.S. §§ 841 and 846 because the judgment did not reference the substantive provision that was contained in the indictment for Count One and it incorrectly described the nature of the offense for Count Two.

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United States v. Ingram, No. 05-13403 Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 13, 2006, Decided , January 13, 2006, Filed
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Overview: Court of appeals affirmed the district court's judgment sentencing defendant who pled guilty to violating 18 U.S.C.S. § 922(g) by possessing firearms after he was convicted of a felony, and 21 U.S.C.S. § 841 by possessing less than 50 kilograms of marijuana with intent to distribute, to concurrent sentences of 24 months in prison.

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United States v. Lamb, No. 05-11159, Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 13, 2006, Decided , January 13, 2006, Filed
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Overview: Defendant's conviction under 18 U.S.C.S. § 922(g) and sentence, as an armed career criminal, under 18 U.S.C.S. 924(e) were affirmed as the evidence was sufficient to establish the interstate commerce nexus for the gun and ammunition defendant possessed and the district court did not err by enhancing defendant's sentence based on prior convictions.

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United States v. Veltrop, No. 05-10417 Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 13, 2006, Decided , January 13, 2006, Filed
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Overview: Court of appeals refused to review defendant's claim that he was denied effective assistance of counsel during his trial on charges alleging that he violated 21 U.S.C.S. § 841 by possessing methamphetamine because defendant did not bring his claim to district court's attention and record did not allow court of appeals to review it on direct appeal.

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