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| Home Design Servs. v. Schwab Dev. Corp., No. 06-10003,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 24, 2007, Decided , January 24, 2007, Filed
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| Jimenez v. United States AG, No. 06-12908 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 24, 2007, Decided , January 24, 2007, Filed
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Overview: BIA did not abuse its discretion in denying an alien's motion to reopen or reconsider where the motion was filed after the deadline in 8 U.S.C.S. § 1229a(c)(7)(C)(i), motion was not accompanied by request that BIA accept motion by certification, and the alien failed to allege new facts or cite to pertinent authority demonstrating an error of law.
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| Jones v. McDonough, No. 06-13399 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 24, 2007, Decided , January 24, 2007, Filed
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Overview: Denial of an inmate's 28 U.S.C.S. § 2254 petition was affirmed as a state court's finding that trial counsel's failure to argue the Fenelon restriction on jury instructions respecting flight did not constitute ineffective assistance when objecting to a subornation instruction was not an objectively unreasonable application of the Strickland test.
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| Parsons v. Cont'l Airlines, Inc., No. 06-13741 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 24, 2007, Decided , January 24, 2007, Filed
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Overview: A district court's entry of summary judgment in favor of a former employer was affirmed because, based on the former employee's allegations, it could not set aside or vacate the System Board of Adjustment's arbitration award upholding the employee's termination under 45 U.S.C.S. § 153(q).
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| United States v. Aguilar, No. 06-13838 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 24, 2007, Decided , January 24, 2007, Filed
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Overview: District court properly applied two-level enhancement in U.S. Sentencing Guidelines Manual § 2D1.1(b)(1); pistol found in bathroom of defendant's house was "present" at site of charged conduct, as defendant conducted drug activities throughout the house, and there was no evidence that pistol was used by defendant's fiance for her personal safety.
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| United States v. Boone, No. 06-12016 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 24, 2007, Decided , January 24, 2007, Filed
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Overview: Defendant's 210-month sentence for violating 18 U.S.C.S. § 2252A(a)(2) and (b)(2) was affirmed because it was reasonable; but defendant's concurrent 210-month sentence for violating 18 U.S.C.S. § 2252A(a)(5)(B was vacated, and the case was remanded since the maximum sentence for that violation was 10 years.
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| United States v. Carpenter, No. 06-13286 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 24, 2007, Decided , January 24, 2007, Filed
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Overview: Defendant was properly convicted of carrying firearm during and in relation to drug trafficking crime under 18 U.S.C.S. § 924(c)(1)(A) because reasonable jury could have found that defendant's gun had potential of facilitating his acquisition of drugs as it was stored on his person and was so concealed that police did not notice it during arrest.
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| United States v. Gunn, No. 06-11304 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 24, 2007, Decided , January 24, 2007, Filed
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Overview: Defendant's 151-month sentence for violating 21 U.S.C.S. §§ 841(a)(1), (b)(1)(A)(ii), and 846 and 18 U.S.C.S. §§ 922(g)(1) and 924(a)(2) was affirmed because, inter alia, the government's failure to file a U.S. Sentencing Guidelines Manual § 3E1.1(b) one-level reduction was not reversible error, and the sentence was reasonable.
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| United States v. Monroe, No. 06-13855 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 24, 2007, Decided , January 24, 2007, Filed
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Overview: Any error in an instruction as to elements of 18 U.S.C.S. § 922(g)(3) was probably not responsible for incorrect verdict in conviction for unlawful user of drugs in possession of firearm because it placed a greater burden on government requiring proof that defendant was using crack even before possessing firearm and the evidence was overwhelming.
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