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| Anderson v. Ga. State Pardons & Parole Bd., No. 05-11603 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 25, 2006, Decided , January 25, 2006, Filed
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Overview: Because the legal issues involved in the inmate's case were not so novel or complex as to require counsel, and the inmate showed a sufficient grasp of the law, denial of his motion for counsel was not error. Nor were the substance of the inmate's claims wrongly decided on summary judgment.
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| M.M. v. Sch. Bd., No. 04-14982,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 25, 2006, Decided , January 25, 2006, Filed
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Overview: Student's parents failed to state claim under IDEA, 20 U.S.C.S. § 1400 et seq., where the dispute boiled down to parents' belief that auditory-verbal therapy was the program best suited to provide the student (born with profound bilateral sensorial hearing loss) with a quality education; under IDEA, there was no entitlement to the "best" program.
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| McCloud v. Barnhart, No. 05-12997 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 25, 2006, Decided , January 25, 2006, Filed
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Overview: Denial of SSI benefits was remanded because, inter alia, ALJ was required to state with particularity the weight he gave to different medical opinions and the reasons why. The ALJ neither explained the weight that he gave to a psychologist's report nor why he discredited its findings regarding the claimant's ability to engage in prolonged work.
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| McGoy v. Ray, No. 05-12347 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 25, 2006, Decided , January 25, 2006, Filed
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Overview: District court did not abuse its discretion in denying the prisoner's motion for continuance because he did not comply with Fed. R. Civ. P. 56(f) in that he did not set forth with particularity facts he expected to discover and how those facts would create a genuine issue of material fact, or in denying him an in camera review of his parole file.
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| Morris v. Jackson, No. 05-10678 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 25, 2006, Decided , January 25, 2006, Filed
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Overview: A district court's dismissal of an author's 42 U.S.C.S. §§ 1983 and 1988 claims was affirmed because a former district attorney was entitled to qualified immunity after copies of an author's books and CDs that had been seized were not returned after a grand jury did not indict the author.
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| Roos v. United States AG, No. 05-13634 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 25, 2006, Decided , January 25, 2006, Filed
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Overview: Court denied alien's petition for review of decision denying his application for a waiver under 8 U.S.C.S. § 1186a(c)(4)(B) and ordering him removed; burden of proving legitimacy of his marriage was properly placed on alien under 8 U.S.C.S. § 1186a(c)(4)(B), rather than on government under 8 U.S.C.S. § 1186a(b), because alien initiated proceedings.
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| United States v. Holland, No. 04-15680 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 25, 2006, Decided , January 25, 2006, Filed
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| United States v. Silva, No. 05-11120 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 25, 2006, Decided , January 25, 2006, Filed
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Overview: Defendant's conviction for unlawful re-entry by a previously-deported convicted felon was affirmed because 8 U.S.C.S. § 1326 was not unconstitutional, and ex post facto principles did not require that his sentence not be higher than the constitutionally applied maximum of the guideline range, based only on facts that were alleged in the indictment.
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| United States v. Wilson, No. 05-13437 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 25, 2006, Decided , January 25, 2006, Filed
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Overview: Because the court was bound by its prior holding in Madera-Madera that a federal court could infer that a conviction under O.C.G.A. § 16-13-31 included an intent to distribute, district court did not err in finding that defendant's 1985 state conviction for trafficking in cocaine was a controlled substance offense; thus, his sentence was affirmed.
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