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| United States v. Crumbly, No. 06-11387 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 2, 2007, Decided , February 2, 2007, Filed
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Overview: Defendant's convictions for selling cocaine base were upheld because, although the district court restricted under Fed. R. Evid. 609(a) defense counsel's cross-examination of a paid government informant for bias, the jury heard that the witness had received favorable treatment from the criminal justice system due to his informant status.
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| United States v. Day, No. 06-14069 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 2, 2007, Decided , February 2, 2007, Filed
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Overview: A district court's denial of a pro se federal inmate's 28 U.S.C.S. § 455(a) motion to recuse was vacated, and the case was remanded with instructions to dismiss since, when the inmate filed his motion, he had no pending action before the district court; the inmate lacked standing, and the district court lacked jurisdiction to consider the motion.
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| United States v. Denmark, No. 06-12719 Non-Argument Calendar, No. 06-12819 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 2, 2007, Decided , February 2, 2007, Filed
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Overview: Defendant's 240-month sentence for conspiracy to distribute 5 kilograms or more of cocaine and 50 grams or more of cocaine base was affirmed as his appeal waiver was valid and enforceable, and his 60-month consecutive sentence following revocation of his supervised was affirmed as, inter alia, it was not a double sentence for the conspiracy charge.
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| United States v. Funez, No. 06-11163 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 2, 2007, Decided , February 2, 2007, Filed
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Overview: Defendant's sentence was affirmed because the district court did not err in denying him a U.S. Sentencing Guidelines Manual 3B1.2 minor role reduction; the district court held him accountable for the smuggling of 2, 012 kilograms of cocaine, in which he participated, and the district court did not hold him accountable for any larger conspiracy.
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| United States v. Howard, No. 06-13672 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 2, 2007, Decided , February 2, 2007, Filed
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Overview: Defendant's concurrent 135-month sentences 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) were affirmed because the sentences were reasonable, and he was not entitled to a U.S. Sentencing Guidelines Manual § 3B1.2 mitigating role adjustment.
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| United States v. Malol, No. 05-10688,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 2, 2007, Decided , February 2, 2007, Filed
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Overview: Defendant was properly convicted of extortion, based on holding household goods that customers paid him to move across country "hostage" until they paid inflated prices to get the goods back; a $1 million loss calculation was supported by the record, thus, a 16-level increase of defendant's base offense level under USSG § 2B1.1(b)(1)(I) was upheld.
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| United States v. Skyles, No. 06-12925 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 2, 2007, Decided , February 2, 2007, Filed
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Overview: Defendant's amended sentence for violating 18 U.S.C.S. §§ 7 and 13 was affirmed because the written judgment merely clarified an ambiguity by requiring drug and alcohol treatment; the written judgment did not conflict with the oral pronouncement.
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| United States v. Ubele, No. 06-13079 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 2, 2007, Decided , February 2, 2007, Filed
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Overview: Defendant's convictions and sentences for violating 18 U.S.C.S. §§ 922(g)(1) and 924(e)(1) and 26 U.S.C.S. §§ 5861(d) and 5871 were affirmed because the district court did not err in enhancing his sentence under the Armed Career Criminal Act, there was sufficient evidence, and the jury instructions did not constructively amend the indictment.
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