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   Federal Courts - 11th Circuit Court of Appeals - January 19, 2007

  
Barnett v. United States, No. 06-10149 Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 19, 2007, Decided , January 19, 2007, Filed
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Overview: District court properly denied inmate's Fed. R. Civ. P. 60(b)(4) motion, which argued that district court lacked jurisdiction to sentence him because it failed to address his motion for a new trial, because district court lacked jurisdiction to consider inmate's R. 60(b) motion, which sought to attack collaterally his criminal judgment.

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Nunez v. Sec'y for the Dep't of Corr., No. 06-13475 Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 19, 2007, Decided , January 19, 2007, Filed
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Overview: A district court's denial of a pro se state inmate's 28 U.S.C.S. § 2254 habeas corpus petition was vacated without prejudice and remanded because the district court violated the Clisby decision by not addressing the inmate's ineffective assistance of counsel claim.

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Rojas-Iriarte v. United States AG, No. 06-13967 Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 19, 2007, Decided , January 19, 2007, Filed
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Overview: The aliens' petitions were denied because the alleged incidents of persecution were isolated incidents of verbal harassment or intimidation, which did not rise to the level of persecution, and the husband's repeated returns to Colombia demonstrated that the aliens did not have an objective well-founded fear of future persecution.

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United States v. Moore, No. 06-10566 Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 19, 2007, Decided , January 19, 2007, Filed
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Overview: Defendant's sentence imposed after resentencing was affirmed because his argument that district court erred when it classified him as career offender and that district court erroneously believed it lacked authority to grant downward departure were barred by law of case as first issue was addressed in prior appeal and second issue was not raised.

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