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| Hyacinthe v. United States AG, Nos. 06-11669, 06-12958 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 25, 2007, Decided , January 25, 2007, Filed
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Overview: An IJ's determination that the alien's moral turpitude crimes did not arise out of a single scheme under 8 U.S.C.S. § 1227(a)(2)(A)(ii) was not unreasonable because the bank fraud offense "concluded" in 1996 and his two others "concluded" in 1997, and the alien could have "stopped" after the first fraud but did not.
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| Ogotan v. United States AG, No. 06-13844 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 25, 2007, Decided , January 25, 2007, Filed
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Overview: The court lacked jurisdiction to review whether an asylum application satisfied an exception to the timely filing requirement. Substantial evidence supported an IJ's finding that an alien did not meet his burden to show past or future persecution in Indonesia. The alien abandoned, and thus waived, his CAT claim on appeal.
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| Palmer v. Stewart County Sch. Dist., No. 06-13813 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 25, 2007, Decided , January 25, 2007, Filed
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Overview: Because employee's 42 U.S.C.S. § 1981 claim that she suffered discrimination at contract formation could have been brought prior to Civil Rights Act of 1991, which amended § 1981, catchall statute of limitations of 28 U.S.C.S. § 1658 did not apply to claim; rather, system of borrowed statute of limitations applied, and her claim was time barred.
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| Smith v. Delta Airlines, Inc., No. 06-13915 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 25, 2007, Decided , January 25, 2007, Filed
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Overview: The court affirmed the district court's finding that an ERISA plan administrator had not acted arbitrarily and capriciously when it denied benefits to a widow because she was not living with the decedent when he shot himself since on the previous day he was removed from the household under an ex parte, temporary protection-from-abuse order.
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| United States v. Gant, No. 06-13583 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 25, 2007, Decided , January 25, 2007, Filed
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Overview: District court properly refused to permit defendant to withdraw his guilty plea under Fed. R. Crim. P. 11(d)(2)(B) because during trial and at plea colloquy, district court informed defendant of sentencing procedures and his possible sentence, his statements showed he received close assistance of counsel, and core concerns of R. 11 were addressed.
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| United States v. McCorvey, No. 06-13284 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 25, 2007, Decided , January 25, 2007, Filed
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Overview: Where defendant argued his prints were not found, the evidence belonged to a prior resident, and he did not knowingly possess the gun, he placed intent and lack of mistake at issue and his prior conviction for possession was relevant and admissible under Fed. R. Evid. 404(b) even though the current charge was possession with intent to distribute.
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| United States v. McCoy, No. 06-12595 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 25, 2007, Decided , January 25, 2007, Filed
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| United States v. Roberts, No. 05-12835 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 25, 2007, Decided , January 25, 2007, Filed
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Overview: The two defendants' convictions and sentences for violating 21 U.S.C.S. §§ 841(a), 846, 952(a), and 963 were affirmed as the district court did not err in denying their challenge, remarks made by a prosecutor were not misconduct, and one defendant was properly given a U.S. Sentencing Guidelines Manual § 3B1.1(b) management enhancement.
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| United States v. Sanchez, No. 06-12155 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 25, 2007, Decided , January 25, 2007, Filed
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Overview: Defendant's 240-month sentence for violating 21 U.S.C.S. §§ 841(b)(1), 846, and 851 was affirmed because, as a mandatory minimum sentence under 21 U.S.C.S. § 841(b)(1) it did not violate the Eighth Amendment, and it did not violate the Booker decision and due process since his ultimate USSG sentence was 240 months because of the statutory minimum.
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