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   Federal Courts - 11th Circuit Court of Appeals - February 7, 2007

  
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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Canal Ins. Co. v. United States Fire Ins. Co., No. 06-13409 Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 7, 2007, Decided , February 7, 2007, Filed
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Carroll v. Walker, No. 06-13385 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: Inmate's 28 U.S.C.S. § 2254 petition asserting ineffective assistance of trial counsel was properly denied because state court's ruling on Strickland prejudice prong was not objectively unreasonable application of clearly established law as inmate failed to show reasonable probability of different result given overwhelming evidence against him.

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Cortes v. Gladish, No. 05-16399 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: A district court's determination that three of the pro se state inmate's ineffective assistance of counsel claims were procedurally defaulted was vacated, and the case was remanded because he exhausted his state remedies even though he did not raise those claims in his appeal of the summary denial of his Fla. R. Crim. P. 3.850 motion.

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Hernandez v. AG, No. 06-11474 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: The aliens' petition was denied because a handful of incidents with the Revolutionary Armed Forces of Colombia over a 13-year period did not rise to the level of past persecution, and substantial evidence supported the finding that future threats could be avoided by relocating within Colombia. The husband was not entitled to withholding of removal.

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Khan v. United States AG, Nos. 05-16744; 06-11377 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: Alien's petition for review was dismissed because pursuant to 8 U.S.C.S. § 1252(a)(2)(B)(ii), court lacked jurisdiction over alien's appeal from BIA's denial of waiver of inadmissibility pursuant to former 8 U.S.C.S. § 1182(c) and alien failed to exhaust his claim that his Fifth Amendment right against self-incrimination was violated.

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United States v. Anderson, No. 06-14165 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: District court's imposition of sentence above guidelines range was affirmed because sentence was imposed pursuant to 18 U.S.C.S. § 3553(a), so there was no error in district court's failure to give advanced notice of its intention to impose sentence above guidelines under Fed. R. Crim. P. 32(h) as it did not amount to unguided departure.

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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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