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| Castaways Backwater Cafe, Inc. v. Fla. Dep't of Bus., No. 06-15065 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 23, 2007, Decided , January 23, 2007, Filed
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Overview: A district court's dismissal of a facial challenge to the constitutionality of the Florida Clean Indoor Air Act was affirmed since the district court's equal protection analysis was not in error; the legislature's distinction between restaurants and stand-alone bars was rationally related to the legitimate interest of protecting public health.
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| United States v. Belser, No. 06-13936 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 23, 2007, Decided , January 23, 2007, Filed
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Overview: A district court's 18 U.S.C.S. § 3583(a) revocation of defendant's supervised release was affirmed because the district court's failure to engage, sua sponte, in a Frazier balancing test of defendant's confrontation rights and the government's proffered reasons for denying confrontation was not error, let alone plain error.
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| United States v. Holland, No. 06-12805 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 23, 2007, Decided , January 23, 2007, Filed
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Overview: Defendant's sentence for violating 18 U.S.C.S. § 2252A(a)(2)(A) was affirmed since the district court did not err when it applied the five-level enhancement in U.S. Sentencing Guidelines Manual § 2G2.2(b)(4); the evidence was more than sufficient to show that he engaged in a pattern of activity involving the sexual abuse or exploitation of a minor.
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| United States v. Jalca, No. 06-12694 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 23, 2007, Decided , January 23, 2007, Filed
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Overview: Defendant's sentence for violating 21 U.S.C.S. §§ 841(a)(1) and 846 was affirmed as the district court did not err in denying him a U.S. Sentencing Guidelines Manual § 3B1.2(b) minor-role reduction; the district court's findings were supported by the record, and the district court properly applied the analysis established by the De Varon decision.
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| United States v. Owens, No. 06-12892 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 23, 2007, Decided , January 23, 2007, Filed
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Overview: Defendant's 225-month sentence for bank robbery, in violation of 18 U.S.C.S. § 2113(a), was reasonable; although district court considered mitigating factors under 18 U.S.C.S. § 3553(a), defendant had 16-year criminal history, he made death threat to teller during robbery and led police on high-speed chase, and U.S.S.G. range was 210 to 240 months.
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| United States v. Valdes, No. 05-16139 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 23, 2007, Decided , January 23, 2007, Filed
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Overview: Defendant's proposed jury instruction, stating that the conspiracy would not become complete until an overt act in furtherance of the underlying drug crime was committed, was properly denied because a 21 U.S.C.S. § 846 conspiracy did not require completion of an overt act in furtherance of the underlying drug crime.
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| Whitehead v. Oberinde, No. 06-15029 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 23, 2007, Decided
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Overview: In a § 1983 case, a district court's denial of qualified immunity to two doctors at the summary judgment stage was affirmed because a jury could find that the doctors failed to even try to diagnose an inmate's condition over a period of more than two years, relying instead on diagnoses that they should have realized were obviously incorrect.
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