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| Downrite Eng'g & Dev. Corp. v. OSHRC, No. 06-12604 Non-Argument Calendar,,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 1, 2007, Decided , February 1, 2007, Filed
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Overview: An order by the Occupational Safety and Health Review Commission finding that a company had committed four violations was affirmed because the ALJ correctly found that the search was consensual, substantial evidence supported the ALJ's findings, and the ALJ's conclusions were not arbitrary, capricious, or an abuse of discretion.
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| Rintin Corp., S.A. v. Domar, Ltd., No. 05-14092,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 1, 2007, Decided , February 1, 2007, Filed
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Overview: Enforcement of international arbitration award was affirmed because plaintiff had not established the absence of a written undertaking to arbitrate and arbitrators did not clearly err when they concluded that the order to cease litigation against defendant's affiliates was an essential part of the remedy in the arbitrable dispute.
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| Spottsville v. Terry, No. 05-12656,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 1, 2007, Decided , February 1, 2007, Filed
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Overview: Dismissal of habeas petition was reversed because instructions of state habeas court affirmatively misled the inmate to file both a notice of appeal and an application for a certificate of probable cause with the clerk of a superior court, rather than with the state supreme court which tolled the limitations period and rendered his petition timely.
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| United States v. Bohannon, No. 05-16492 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 1, 2007, Decided , February 1, 2007, Filed
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Overview: The 120-month sentence of defendant, who violated 18 U.S.C.S. § 2422(b) by using an Internet chat room to entice an undercover agent posing as a 15-year-old girl to have sex, was properly enhanced by applying the cross-reference in USSG § 2G1.3 because the term "offense," as used in the cross-reference, included both charged and uncharged offenses.
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| United States v. Brown, No. 05-17226 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 1, 2007, Decided , February 1, 2007, Filed
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Overview: Defendant's 260-month sentence for violating 21 U.S.C.S. §§ 841(b)(1)(A)(ii) and (iii), and 846 was affirmed because the district court adequately and properly considered the 18 U.S.C.S. § 3553(a) factors. Inter alia, the district court granted a substantial downward variance after weighing the mitigating factors against the aggravating factors.
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| United States v. Ramirez, No. 05-12765,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 1, 2007, Decided , February 1, 2007, Filed
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Overview: The Fourth Amendment was not violated by a state trooper's search of defendant's car after a traffic stop because defendant signed a consent form after the trooper had returned his license, registration, and a citation, terminating the stop; defendant was free to go and was under no compulsion to permit the search, which discovered hidden cocaine.
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| United States v. Reed, No. 06-10848 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 1, 2007, Decided
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Overview: A district court's denial of a pro se individual's Fed. R. Civ. P. 60(b) motion as untimely was affirmed because the motion was not filed within one year of the 1992 forfeiture order, and the individual presented no new facts, arguments, or evidence to explain why he did not directly appeal the 1992 forfeiture order or to justify the 13-year delay.
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| Wei Chen v. United States AG, No. 06-12906 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 1, 2007, Decided , February 1, 2007, Filed
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Overview: An alien's petition for review was denied because the alien had not met his burden of showing that the IJ's adverse credibility determination was not based on substantial evidence or specific, cogent reasons; the alien failed to either rebut or explain many of the inconsistencies in his testimony.
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