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| Tobin v. Mich. Mut. Ins. Co., No. 03-12737, No. 03-12738, No. 03-12739,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 31, 2007, Decided , January 31, 2007, Filed
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Overview: The judgment of a district court was affirmed because, following the Florida Supreme Court's answer to a certified question, the district court correctly reformed the automobile policy in question and correctly rejected appellants' contention that they were entitled to uninsured motorist coverage under Fla. Stat. § 627.727.
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| United States v. Cineus, No. 05-15580 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 31, 2007, Decided
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Overview: Defendant's conviction for violating 21 U.S.C.S. § 952(a) was affirmed because his Batson challenge failed and there was sufficient circumstantial evidence to support the conviction. The $ 2,000 fine imposed by the district court was affirmed because the amount of the fine was not unreasonable.
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| United States v. Daniel, No. 05-16177 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 31, 2007, Decided , January 31, 2007, Filed
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Overview: Defendant's 96-month sentence imposed following his conviction for violating 8 U.S.C.S. § 1326(a), (b)(2) was affirmed because district court did not err by relying on defendant's prior conviction to enhance his sentence, even though that conviction had not been alleged in indictment; defendant's argument was contrary to judicial precedent.
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| United States v. Garcia, No. 06-11807 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 31, 2007, Decided
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Overview: A district court's order granting defendant a sentence reduction under Fed. R. Crim. P. 35(b) was affirmed because, contrary to defendant's assertion, the district court could consider defendant's non-assistance-related factors in determining the extent of the departure, including those in 18 U.S.C.S. § 3553(a).
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| United States v. Maldonado, No. 06-12232 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 31, 2007, Decided , January 31, 2007, Filed
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Overview: Defendant's conviction of abusive sexual contact was affirmed because requiring the government to show a sexual act in addition to sexual contact would contradict the plain meaning of 18 U.S.C.S. § 2244(a)(2), which penalized sexual contact under the same circumstances described in 18 U.S.C.S. § 2242 in the context of sexual acts.
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| United States v. Perris, No. 05-17166,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 31, 2007, Decided , January 31, 2007, Filed
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Overview: Defendant's conviction of conspiracy to possess with intent to distribute 500 grams or more of cocaine was affirmed because the circumstantial evidence clearly established that defendant was not "merely" present--he drove the co-conspirator to the mall, conducted counter-surveillance, and supplied the money for the drug purchase.
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| United States v. Salutiano-Hernandez, No. 06-12179 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 31, 2007, Decided , January 31, 2007, Filed
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Overview: District court did not err in denying defendant safety-valve reduction under U.S. Sentencing Guidelines Manual §§ 5C1.2 and 2D1.1(b)(7) following his drug conviction because defendant failed to disclose important facts, including who hired him, who was in charge of venture, who was to pay him, and the location where venture began and was to end.
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| United States v. Williams, No. 06-14144 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 31, 2007, Decided , January 31, 2007, Filed
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Overview: Defendant's 96-month sentence, which was a 59-month upward variance from the USSG range, for violating 18 U.S.C.S. § 924(g)(1) was affirmed because, inter alia, the district court explicitly considered many of the 18 U.S.C.S. § 3553(a) factors and the district court found that the USSG range was inadequate; the sentence was not unreasonable.
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| Vasquez v. United States AG, No. 06-11672 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, January 31, 2007, Decided , January 31, 2007, Filed
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Overview: An alien's petition for review was denied because his claims of harassment--unaccompanied by physical harm--did not show past persecution, and he did not show a well-founded fear of future persecution since he had previously voluntarily returned to Colombia and to his home where he had earlier received threatening telephone calls.
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