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| United States v. Ivory, No. 06-10895 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 17, 2007, Decided , January 17, 2007, Filed
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Overview: Because a person could not engage in nonconsensual sexual penetration with another without exerting some level of physical force, defendant's enhanced sentence under U.S. Sentencing Guidelines Manual §§ 2K2.1, 4B1.2(a)(1) (2004) was upheld because his prior second degree rape conviction under Ala. Code § 13A-6-62(a)(1) was a crime of violence.
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| United States v. Lujan-Diaz, No. 06-12078 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 17, 2007, Decided , January 17, 2007, Filed
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Overview: Defendant's concurrent 135-month sentences for violating 46 U.S.C.S. app. § 1903(a), (g), and (j) (current versions at 46 U.S.C.S. §§ 70503(a) and 70506), 18 U.S.C.S. § 2, and 21 U.S.C.S. § 960(b)(1)(B)(ii) were affirmed since the district court did not err by denying defendant a U.S. Sentencing Guidelines Manual § 3B1.2 minor-role reduction.
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| United States v. Pomarc, No. 06-12111 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 17, 2007, Decided , January 17, 2007, Filed
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Overview: Defendant's concurrent 135-month sentences for violating 46 U.S.C.S. app. § 1903(a), (g), and (j) (current versions at 46 U.S.C.S. §§ 70503(a) and 70506) and 21 U.S.C. § 960(b)(1)(B)(ii) were affirmed since the district court did not err by refusing to grant defendant a U.S. Sentencing Guidelines Manual § 3B1.2 minor-role reduction.
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| United States v. Valdes-Fiallo, No. 06-10219 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 17, 2007, Decided
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Overview: Defendant was properly convicted of federal drug conspiracy charges; recorded statements made by a nontestifying conspirator to testifying coconspirators were non-hearsay under Fed. R. Evid. 801(c) and properly admitted under Fed. R. Evid. 801(d)(1)(b) to provide context, thus, they did not violate the Sixth Amendment's Confrontation Clause.
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| United States v. Williams, No. 06-12495 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 17, 2007, Decided , January 17, 2007, Filed
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Overview: Defendant's conviction and sentence were affirmed because the district court did not deprive him of his Sixth Amendment right to counsel of his choice. On the day his trial began, defendant had not retained counsel, and the district court did not abuse its discretion by denying defendant's motion for a continuance of an unspecified length.
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| Wilson v. NHB Indus., No. 06-11422,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 17, 2007, Decided , January 17, 2007, Filed
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Overview: In an FMLA case, the district court's final judgment was vacated, and the case was remanded for a new trial because the district judge abused her discretion in overruling the employer's objection to the employee's counsel's misstatement of law during closing argument and not giving a curative instruction.
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