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| Barbee v. Naphcare, Inc., No. 06-12069 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 6, 2007, Decided , February 6, 2007, Filed
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Overview: District court's order dismissing § 1983 claim against defendants, county sheriff and jail official, brought by former employee of company contracted to perform services at county jail was vacated because it was not clear if district court considered parties to have raised qualified immunity issue and it did not engage in Saucier analysis.
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| United States v. Ahmed, No. 06-12404 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 6, 2007, Decided , February 6, 2007, Filed
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Overview: Defendant's concurrent 3-month sentences for violating 18 U.S.C.S. § 113(a)(5) and 49 U.S.C.S. §§ 46506(1) and 46504 were affirmed because the district court's statements that it considered the parties' statements, the presentence investigation report, and the 18 U.S.C.S. § 3553 factors was sufficient under the Booker decision.
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| United States v. Delio-Quintero, No. 06-14149 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 6, 2007, Decided , February 6, 2007, Filed
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Overview: Defendant's sentencing appeal was denied. He failed to show that he was entitled to a minor role reduction under U.S. Sentencing Guidelines Manual § 3B1.2(b) in connection with his drug possession conspiracy and aiding and abetting offenses. His within-guidelines sentence was reasonable. District court had considered 18 U.S.C.S. § 3553(a) factors.
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| United States v. Doe, No. 06-12685 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 6, 2007, Decided , February 6, 2007, Filed
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Overview: Although district court erred in admitting, under Fed. R. Evid. 404(b), evidence of defendant's prior convictions because such convictions were remote and dissimilar and because there was a lack of prosecutorial need for their introduction, such error did not require reversal as it was harmless given the overwhelming evidence of guilt.
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| United States v. Gamino, No. 05-16267 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 6, 2007, Decided , February 6, 2007, Filed
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Overview: Defendants' convictions for, inter alia, drug conspiracy under 21 U.S.C.S. §§ 841 and 846 and Hobbs Act robbery under 18 U.S.C.S. § 1951 were upheld because sufficient evidence supported the convictions and due process was not violated when an informant asserted his Fifth Amendment right against self incrimination.
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| United States v. Green, No. 06-14239 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 6, 2007, Decided , February 6, 2007, Filed
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Overview: Defendant's conviction for violating 21 U.S.C.S. § 846 was affirmed because, even if the prosecutor's opening remarks were improper under the first prong of the Davis test, defendant failed to show that the remarks prejudiced his substantial rights for purposes of the second prong of the Davis test.
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| United States v. Jack, No. 06-12815 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 6, 2007, Decided , February 6, 2007, Filed
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Overview: Defendant's conviction for violating 18 U.S.C.S. §§ 1344 and 1014 was affirmed because there was sufficient evidence to establish that defendant knew that the lending institution to which he submitted false and fraudulent income-tax returns was a federally insured bank.
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| United States v. Penalba, No. 06-12922 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 6, 2007, Decided , February 6, 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 district court did not clearly err by denying him a U.S. Sentencing Guidelines Manual § 3B1.2 mitigating-role adjustment.
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| United States v. Vergara-Dominguez, No. 06-13732 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 6, 2007, Decided , February 6, 2007, Filed
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Overview: Where defendant pled guilty to drug conspiracy under 46 U.S.C.S. app. § 1903 and 21 U.S.C.S. § 960 for participating in the transfer of cocaine onto a boat, he was properly denied a mitigating-role adjustment under U.S. Sentencing Guidelines Manual § 3B1.2 because his actual and relevant conduct were one and the same; his sentence was reasonable.
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