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| Arnold v. Mortg. Elec. Registration Sys. (In re Arnold), No. 05-13743 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 26, 2006, Decided , January 26, 2006, Filed
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Overview: Where trial court waited nearly two months to dismiss a debtor's bankruptcy appeal after giving him a 10-day deadline to pay a filing fee, the trial court did not abuse its discretion in dismissing the appeal pursuant to Fed. R. Civ. P. 41; the dismissal followed a clear record of delay and a lesser sanction likely would not have been successful.
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| Barreto v. United States AG, No. 05-12268 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 26, 2006, Decided , January 26, 2006, Filed
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Overview: BIA's denial of petitioners' motion for reconsideration was affirmed because the BIA did not abuse its discretion when it denied petitioners' request for voluntary departure pursuant to 8 U.S.C.S. § 1229c. Court did not have jurisdiction under 8 U.S.C.S. § 1252 to review the merits of the earlier BIA decisions.
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| DeKalb County Sch. Dist. v. M.T.V., No. 05-15258 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 26, 2006, Decided , January 26, 2006, Filed
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Overview: Judgment on the administrative record in favor of the student was affirmed because there was substantial evidence to support a finding by the ALJ that the student needed vision therapy services in order to receive the requisite free and appropriate public education that was mandated under the IDEA, 20 U.S.C.S. § 1400, et seq.
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| Escobio v. Salomon Smith Barney, Inc., No. 05-13220 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 26, 2006, Decided , January 26, 2006, Filed
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Overview: District court did not err in finding that the arbitration panel did not engage in any misbehavior by which the rights of plaintiff brokers had been prejudiced within the meaning of 9 U.S.C.S. § 10(a)(3).
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| Ford v. Wiley, No. 05-10986 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 26, 2006, Decided , January 26, 2006, Filed
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Overview: Where impermissible double counting occurred only when one part of Guidelines was applied to increase a defendant's punishment on account of a kind of harm that had already been fully accounted for by application of another part of Guidelines, aggravating factors considered by Commission were not otherwise accounted for in guideline score.
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| Seay v. United States, No. 05-10853 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 26, 2006, Decided , January 26, 2006, Filed
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Overview: A taxpayer abandoned his challenge to the dismissal of his quiet title action against the IRS, which dismissal was based on a final judgment in a prior tax suit involving the same parties and facts, because he made no substantive argument directed to the propriety of the res judicata dismissal.
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| United States v. Alvarez, No. 04-15228 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 26, 2006, Decided , January 26, 2006, Filed
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Overview: Defendant's 30-month sentence for conspiracy to commit bank and mail fraud and commission of mail fraud was vacated because defendant was sentenced under a mandatory guidelines system, and the what sentence the district court would have imposed had it considered the guidelines advisory was unknown.
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| United States v. Britt, No. 04-10151 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 26, 2006, Decided , January 26, 2006, Filed
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Overview: Appellate court's decision affirming an enhanced sentence was reinstated on a remand for reconsideration in light of Booker because defendant did not assert error based on Apprendi or its progency in her initial brief on appeal and raised the issue for the first time in her reply brief; thus, the appellate court declined to consider the issue.
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| United States v. Carpenter, No. 05-13653 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 26, 2006, Decided , January 26, 2006, Filed
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Overview: Where guidelines were advisory, and district court was not required to impose a sentence within recommended range, and because defendant committed Grade B felony, 18-month sentence did not exceed the statutory maximum, appellate court affirmed district court's decision to sentence defendant to 18 months after revocation of supervised release.
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