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| In re Rutherford, No. 06-10784,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 30, 2006, Decided , January 30, 2006, Filed
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Overview: Inmate's application for an order authorizing the filing of a second federal habeas petition was denied as he failed under 28 U.S.C.S. § 2244(b)(2)(B)(ii) to show that alleged undisclosed statements by a witness would have caused the jury to find for the inmate, and two United State Supreme Court cases could not have been retroactively applied.
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| Mendoza-Naranjo v. United States AG, No. 05-14133 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 30, 2006, Decided , January 30, 2006, Filed
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Overview: A petition for review of the BIA's dismissal of an appeal was affirmed because substantial evidence supported the finding that the aliens were not eligible for asylum or withholding of removal under the Immigration and Nationality Act and the United Nations Convention Against Torture.
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| Official Comm. of Unsecured Creditors of PSA, Inc. v. Edwards, No. 05-12320,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 30, 2006, Decided , January 30, 2006, Filed
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Overview: Because the defense of in pari delicto barred recovery by a central and active violator of RICO, and Georgia courts did not recognize a claim for aiding and abetting a breach of fiduciary duties, the court affirmed the dismissal of a trustee's complaint asserting violations of 18 U.S.C.S. § 1962(c), (d), as well as the aiding and abetting claim.
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| P.G. Charter Boats v. Soles, No. 05-15395 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 30, 2006, Decided , January 30, 2006, Filed
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Overview: Where plaintiff, injured on a vessel, filed a tort action against the corporate owner of the vessel, whose name was then unknown, and served the complaint on the owner's president and sole shareholder, the filing was sufficient to trigger the running of the six-month filing period under the Limitation of Liability Act, 46 U.S.C.S. app. § 185.
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| Rodriguez v. AG of the United States , No. 05-10622 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 30, 2006, Decided , January 30, 2006, Filed
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Overview: Substantial evidence supported a denial of asylum under 8 U.S.C.S. § 1158(b) because a Colombian native failed to establish past persecution or well-founded fear of future persecution based on political opinion where guerilla group threatened to kill alien if he did not pay amount ordered but group only asked for money and did not discuss politics.
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| Rojas-Iriarte v. United States AG, No. 05-13701 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 30, 2006, Decided
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Overview: As the court could review only final orders of removal, and because the 30-day period of limitation was mandatory and jurisdictional, it lacked jurisdiction to review the merits of the IJ's decision or the dismissal of appeal by the BIA. Review was limited to the BIA's decision not to reopen the alien's case, and there was no abuse of discretion.
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| Rutherford v. Crosby, No. 06-10783,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 30, 2006, Decided , January 30, 2006, Filed
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Overview: Dismissal of § 1983 complaint on basis of precedent that a claim attacking general procedures or protocols a state used to carry out executions by lethal injection had to be brought in a habeas corpus proceeding, and the inmate had not obtained an order permitting him to file a second or successive petition, was correct as a matter of circuit law.
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| Sammons v. Polk County Sch. Bd., No. 05-14013 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 30, 2006, Decided , January 30, 2006, Filed
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Overview: A preliminary injunction under 20 U.S.C.S. § 1415(j) returning a student to high school after he had graduated pending a due process hearing was vacated and remanded because mediation, standing by itself, was not a "proceeding" under § 1415, and equitable estoppel should not have been applied to back-date a stay-put injunction.
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| United States v. Barragan-Sanchez, No. 05-14220 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 30, 2006, Decided , January 30, 2006, Filed
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Overview: Defendant was properly given a mandatory minimum sentence for a drug conspiracy, as required by 21 U.S.C.S. § 841(b)(1)(A), because mandatory minimum sentences were upheld by the U.S. Supreme Court as constitutional, were not eliminated by Booker, and did not conflict with 18 U.S.C.S. § 3553(a).
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