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Federal Courts -
11th Circuit Court of Appeals - February 7, 2007
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Arroyo v. United States AG, No. 06-13406 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 7, 2007, Decided , February 7, 2007, Filed
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Overview: Aliens' petition for review of the denial of their asylum and withholding of removal claims was denied because the alien father's refusal to join a guerilla group, by itself, did not constitute a political opinion and was not enough to show that the aliens were or would be persecuted or tortured due to their refusal to cooperate with the guerillas.
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United States v. Guerra, No. 06-11078 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 7, 2007, Decided , February 7, 2007, Filed
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Overview: Unlike the civil forfeiture scheme, 21 U.S.C.S. § 853 did not contain a provision protecting innocent owners. As a result, appellants could not prevail on their claim to various properties subject to criminal forfeiture on the theory that they were innocent owners.
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United States v. Guerrero, No. 06-12784 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 7, 2007, Decided , February 7, 2007, Filed
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Overview: Defendant's 135-month sentence based on a guideline range of 135 to 168 months was not unreasonable because district court specifically stated that it took into account advisory guidelines and 18 U.S.C.S. § 3553(a) factors, elicited input from both parties regarding the factors, and asked defendant for any additional mitigating evidence.
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United States v. Holmes, No. 06-13163 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 7, 2007, Decided , February 7, 2007, Filed
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Overview: Defendant's sentence was affirmed because district court correctly calculated advisory guidelines range, indicated that it had considered the 18 U.S.C.S. § 3553(a) factors, and specifically stated that it was imposing a sentence of 10 months in order to provide defendant with an opportunity for rehabilitation from her cocaine addiction.
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