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| Eldridge v. Wachovia Corp. Long-Term Disability Plan, No. 06-12193,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 18, 2007, Decided , January 18, 2007, Filed
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Overview: District court did not err in affirming insurer's termination of claimant's long-term disability benefits under ERISA plan as medical and other evidence showed that claimant could work at sedentary job and could perform physical tasks. Discovery was not necessary to determine which definition of disability applied because such was a legal question.
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| Suarez v. United States, No. 05-16961 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 18, 2007, Decided , January 18, 2007, Filed
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Overview: A district court's denial of a pro se federal inmate's 28 U.S.C.S. § 2255 motion was vacated, and the case was remanded because the district court erred in denying the inmate's ineffective assistance of counsel claim without first holding an evidentiary hearing to determine, inter alia, whether the inmate asked his attorney to file an appeal.
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| Tamayos-Ramos v. United States, No. 05-15765 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 18, 2007, Decided , January 18, 2007, Filed
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Overview: A district court's dismissal of a pro se federal inmate's 28 U.S.C.S. § 2255 habeas corpus petition was affirmed because the inmate did not present any argument regarding the issue raised in the COA; therefore, he had abandoned the issue on which the appellate court granted the COA.
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| United States v. De La Fe, No. 05-13779 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 18, 2007, Decided , January 18, 2007, Filed
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Overview: Defendant was properly convicted of conspiring to smuggle cocaine from Texas to Florida, as district court's admission of his prior possession of cocaine arrest was relevant to show intent under Fed. R. Evid. 404(b); a DEA agent's lay testimony about known drug smuggling routes in the U.S. was proper under the 2000 amendments to Fed. R. Evid. 701.
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| United States v. Goldston, No. 06-10110,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 18, 2007, Decided , January 18, 2007, Filed
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| United States v. Gray, No. 06-14422 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 18, 2007, Decided , January 18, 2007, Filed
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Overview: Defendant's sentence for violating 21 U.S.C.S. § 841 was affirmed because, even if defendant had not waived his right to appeal, he was not entitled to a U.S. Sentencing Guidelines Manual § 3E1.1 downward adjustment for acceptance of responsibility because of his post-indictment conduct, which included the use of cocaine-laced marijuana.
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| United States v. Lamb, No. 06-11556 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 18, 2007, Decided , January 18, 2007, Filed
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Overview: Defendant indicted on drug charges five years after police searched a house was not entitled to dismissal for pre-indictment delay because the lag in prosecution was caused by government negligence, not tactics; although a 10-month post-indictment delay was presumptively prejudicial, he failed to demand speedy trial under 18 U.S.C.S. § 3161(a)(2).
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| United States v. McLaughlin-Hudgson, No. 06-12079 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 18, 2007, Decided , January 18, 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 because the district court did not err in refusing him a minor-role reduction, and the sentences were reasonable.
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| United States v. Terriquez, No. 05-16856 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 18, 2007, Decided , January 18, 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.S. § 960(b)(1)(B)(ii) were affirmed because the district court satisfied its statutory duty to consider the 18 U.S.C.S. § 3553(a) factors; defendant's sentences were reasonable.
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