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| Corwin v. Walt Disney World Co., Nos. 04-16554 & 05-12869,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 22, 2007, Decided , January 22, 2007, Filed
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Overview: While lay testimony would have allowed inferences of an amusement park owner's access to a painting 40 years earlier, because it was not based on personal knowledge, it was properly excluded in the copyright holder's infringement action.
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| Rotte v. Comm'r, No. 06-10944 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 22, 2007, Decided , January 22, 2007, Filed
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Overview: The judgment of the United States Tax Court (Tax Court) was affirmed because the taxpayer's allegations of IRS harassment had no bearing on the determination of the income tax deficiency for the 2001 tax year, and the allegations were beyond the Tax Court's jurisdiction under 26 U.S.C.S. § 6214(b).
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| Sanchez-Ayala v. United States AG, No. 06-13657 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 22, 2007, Decided , January 22, 2007, Filed
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Overview: Appeals court lacked jurisdiction over portion of aliens' petition of review that challenged BIA's affirmance of removal order because petition was untimely under 8 U.S.C.S. § 1252(b)(1) as to that decision. BIA did not abuse its discretion in denying aliens' motion to reopen because aliens' new evidence would not have changed result in their case.
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| United States v. Hill, No. 06-14111 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 22, 2007, Decided , January 22, 2007, Filed
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Overview: Although district court did not expressly state that it had considered 18 U.S.C.S. § 3553(a) factors in sentencing defendant to 24 months for violating supervised release, district court considered those factors in discussing defendant's criminal history, victims of his crimes, and fact that defendant had not been deterred by earlier imprisonment.
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| United States v. Suarez, No. 05-16797 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 22, 2007, Decided , January 22, 2007, Filed
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Overview: Defendant's 262-month sentence for violating 21 U.S.C.S. § 846 was affirmed because the district court did not err in sentencing him as a career offender under U.S. Sentencing Guidelines Manual § 4B1.1(a), and the government was not required to give defendant 21 U.S.C.S. § 851(a)(1) notice.
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| United States v. Williams, No. 06-12225 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 22, 2007, Decided , January 22, 2007, Filed
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Overview: Defendant's 72-month sentence for conspiracy to commit wire fraud, in violation of 18 U.S.C.S. §§ 1343 and 1349 was affirmed because there was sufficient evidence to support the district court's U.S. Sentencing Guidelines Manual § 3B1.1 enhancement for his organizational/leadership role in the offense.
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| United States v. Williams, No. 06-13793 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 22, 2007, Decided , January 22, 2007, Filed
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Overview: Prosecutor did not violate Batson by striking three African-American jurors at defendant's trial for violating 18 U.S.C.S. § 751(a); one juror was very young and lacked community ties, one juror suggested that his juror questionnaire was forged, and third juror stated that she would have difficulty reaching verdict due to her religious beliefs.
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| Woodworth v. Hathcock, No. 06-11968, No. 06-11988,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 22, 2007, Decided , January 22, 2007, Filed
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