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| Cardona v. United States AG, No. 05-13590 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 20, 2006, Decided , January 20, 2006, Filed
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Overview: Alien's petition for review was dismissed as to his asylum claim because the circuit court lacked jurisdiction under 8 U.S.C.S. § 1158(a)(3) to review the finding that his application was untimely. His withholding of removal claim was denied under 8 U.S.C.S. § 1231 because substantial evidence supported the finding that he did not show persecution.
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| Fillmore v. Perry, No. 05-12201 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 20, 2006, Decided , January 20, 2006, Filed
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Overview: As state failed to comply with R. Governing § 2254 Cases U.S. Dist. Cts. 5 by providing habeas petitioner with a transcript of his state court plea hearing, petitioner was unable to meet burden with regards to overcoming presumption of correctness of state court's factual findings. District court inappropriately applied presumption of correctness.
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| Jones v. Campbell, No. 04-11911,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 20, 2006, Decided , January 20, 2006, Filed
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Overview: Inmate's habeas petition was denied on appeal as he did not show that his Sixth Amendment rights were violated by counsels' failure to present mitigating evidence at sentencing of the inmate's alleged mental illness, his abusive childhood, and his alleged toxic psychosis. Further, counsel was not ineffective for failing to object to a jury charge.
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| Sierra Club v. Johnson, Nos. 03-10262 & 03-10263, Nos. 03-10264 & 03-10265,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 20, 2006, Decided , January 20, 2006, Filed
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Overview: Because the mailing list required by 40 C.F.R. § 70.7(h)(1) under the Clean Air Act was not created until after the time for public comment on a facility's draft permit expired, the state agency failed to comply with § 70.7(h)(1) which was mandatory, and the EPA's failure to object to the permit was arbitrary and capricious.
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| Union Planters Bank, N.A. v. New York, No. 05-11207,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 20, 2006, Decided , January 20, 2006, Filed
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Overview: Panel of Eleventh Circuit certified this question to the Alabama Supreme Court: Does the proper construction of Ala. Code § 15-13-152 and 15-13-156 permit the holder of the bail bond to file the affidavit before forfeiture of the bond; and if so, does that filing create an enforceable (and precedential over subsequent filers) lien at that time?
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| United States v. Brown, No. 05-13410 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 20, 2006, Decided , January 20, 2006, Filed
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Overview: Defendant was not entitled to reduction of sentence under 18 U.S.C.S. § 3582(c)(2) based on retroactive application of USSG app. C, amend. 591 on conviction of various drug trafficking offenses because amendment only applied to selection of relevant offense guideline and not selection of base offense level within the applicable offense guideline.
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| United States v. Horta, No. 05-12809 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 20, 2006, Decided , January 20, 2006, Filed
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Overview: District court did not clearly err in finding that defendant was not qualified for safety valve reduction under USSG § 5C1.2 when it sentenced him on drug-related conviction, as it was reasonable for district court to expect that defendant had additional information about chain of narcotics distribution, which he did not disclose to the government.
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| United States v. Klinkosz, No. 05-10009 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 20, 2006, Decided , January 20, 2006, Filed
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Overview: Law enforcement officers acted under exigent circumstances when they entered defendant's apartment without a warrant shortly after they arrested her boyfriend for selling MDMA because defendant's act of leaving and reentering the apartment while officers waited for her to get dressed gave them reason to believe she was going to destroy evidence.
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| United States v. Machtley, No. 05-13520 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 20, 2006, Decided , January 20, 2006, Filed
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Overview: Motion to dismiss indictment charging defendant with knowing possession of a computer hard drive containing more than three images of child pornography that had been mailed, shipped, or transported in interstate commerce under 18 U.S.C.S. § 2252A(a)(5)(B) was properly denied, as use of internet to receive child pornography was interstate commerce.
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