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| Acevedo v. First Union Nat'l Bank, No. 06-12477,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 26, 2007, Decided , January 26, 2007, Filed
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Overview: Summary judgment granted in favor of the bank was affirmed because the holder of the cashier's checks from the failed predecessor bank had adequate notice through publication, as required by the pre-1993 version of 12 U.S.C.S. § 1822, about the time limitations for making claims on the predecessor bank's deposits and the holder did not act in time.
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| Torres v. United States AG, No. 06-13878 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 26, 2007, Decided , January 26, 2007, Filed
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Overview: Married Columbian citizens who overstayed visitor visas failed to show they were singled out for past or future persecution based on their political beliefs; threats of violence by an armed revolutionary group were directed at many Columbians, and petitioners did not meet the definition of "refugee" in 8 U.S.C.S. §§ 1158(b)(1), 1101(a)(42)(A).
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| Tristar Lodging, Inc. v. Arch Specialty Ins. Co., No. 06-13989 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 26, 2007, Decided , January 26, 2007, Filed
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| United States v. Christopher, No. 06-11414 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 26, 2007, Decided , January 26, 2007, Filed
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Overview: Defendant's 135-month sentence for violating 46 U.S.C.S. app. § 1903(a), (g), and (j) (current versions at 46 U.S.C.S. §§ 70503(a) and 70506), and 21 U.S.C.S. § 960(b)(1)(B)(ii) was affirmed because he was not entitled to a U.S. Sentencing Guidelines Manual § 3B1.2 mitigating role reduction, and the sentence was reasonable.
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| United States v. Clemmons, No. 05-10667,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 26, 2007, Decided , January 26, 2007, Filed
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Overview: Trial court did not abuse its discretion when it denied defendant's motion to withdraw his plea, pursuant to Fed. R. Crim. P. 11(d)(2)(B), because defendant had not established that information he allegedly learned about the gun, about the staleness of the warrant, or an alleged conflict with the magistrate would have caused a changed decision.
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| United States v. Herrera-Guillen, No. 06-12443 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 26, 2007, Decided , January 26, 2007, Filed
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Overview: Defendant's 48-month sentence for violating 8 U.S.C.S. § 1326(a) and (b)(2) was affirmed because it was procedurally and substantively reasonable; the district court: (1) considered the USSG,; (2) considered the 18 U.S.C.S. § 3553(a) factors; (3) took into account defendant's mitigating factors; and (4) did not blindly apply the USSG.
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| United States v. Lopez, No. 06-12423 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 26, 2007, Decided , January 26, 2007, Filed
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Overview: Child pornography conviction and sentence were affirmed because: defendant's Commerce Clause argument was foreclosed by Eleventh Circuit precedent; his reasonableness challenge to his 240-months sentence was without merit; and Fed. R. Crim. P. 32(i)(3)(B) was inapplicable when there was no "dispute" on which a ruling was required.
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| United States v. Rizki, No. 05-16822 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 26, 2007, Decided , January 26, 2007, Filed
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Overview: Defendant's concurrent 70-month sentences for violating 21 U.S.C.S. §§ 841(b)(1) and 846 were affirmed because they were reasonable; inter alia, the district court discussed its consideration of the 18 U.S.C.S. § 3553(a) factors, and the sentences were at the low end of the USSG and 50 months below the statutory minimum.
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| United States v. Suarez, No. 05-15687,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 26, 2007, Decided , January 26, 2007, Filed
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Overview: Defendant's conspiracy conviction under 18 U.S.C.S. § 371 arising out of his preparation of fraudulent appraisals as part of illegal land-flip scheme was affirmed because testimony of borrower's girlfriend, faxes from borrower to defendant, and disagreements between them provided sufficient circumstantial evidence to sustain conviction.
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