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| Carr v. Publix Super Mkts., Inc., No. 05-12611 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 6, 2006, Decided , February 6, 2006, Filed
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Overview: In light of former employee's testimony that he was able to care for himself without assistance and he had "pretty good" use of right hand, he was not disabled, 42 U.S.C.S. § 12102. Inability to perform certain tasks with arm was not shown to limit substantially ability to perform manual tasks central to daily life or otherwise care for himself.
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| Beltrami v. Special Counsel, No. 05-12164,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 7, 2006, Decided , February 7, 2006, Filed
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Overview: District court properly granted summary judgment to a former employer on a former employee's retaliation claim under Title VII of the Civil Rights Act of 1964, 42 U.S.C.S. § 2000e et seq., because the employee failed to show that he was subjected to such intolerable conditions that he needed to quit immediately.
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| Dockery v. Nicholson, No. 05-13569 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 7, 2006, Decided , February 7, 2006, Filed
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Overview: Because an employee offered no evidence to suggest that the VA's proffered reason for his termination was pretextual and because he had not raised a genuine issue of material fact concerning his hostile work environment claim, the district court's decision in favor of the VA on the employee's Title VII and Rehabilitation Act claims was affirmed.
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| Motor-Services Hugo Stamp, Inc. v. M/V Regal Empress, No. 04-14179,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 7, 2006, Decided , February 7, 2006, Filed
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Overview: Magistrate judge correctly ruled that a telecommunications and internet services provider's equipment on board a cruise ship was properly sold with the vessel at an interlocutory sale after a shipyard owner asserted a maritime lien against the ship because the equipment was appurtenant to the ship as it was vital to the mission of the ship.
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| United States v. Hicks, No. 03-10051,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 7, 2006, Decided , February 7, 2006, Filed
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Overview: U.S. Supreme Court's remand for reconsideration in light of Booker did not preclude a federal court of appeals from applying its ordinary prudential rules and reaffirming the sentences after concluding that defendants abandoned their Booker claims by failing to raise them in their briefs in their initial appeal.
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| United States v. Montgomery, No. 05-13935 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 7, 2006, Decided , February 7, 2006, Filed
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Overview: Defendant's eight-month sentence for bank fraud in violation of 18 U.S.C.S. § 1344(1) was affirmed because the district court gave sufficient justifications for its sentence in compliance with 18 U.S.C.S. § 3553(c)(2) and, based on the 18 U.S.C.S. § 3553(a) factors, defendant's sentence was reasonable.
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| United States v. Sharpe, No. 05-11553 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 7, 2006, Decided , February 7, 2006, Filed
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Overview: A district court's post-trial Fed. R. Crim. P. 12(b)(3)(B) dismissal of an indictment alleging violations of 18 U.S.C.S. §§ 2, 1341, and 1956(h) was reversed, and the case was remanded because the district court improperly considered the overall sufficiency of the government's evidence presented at trial.
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| United States v. Vawter, No. 05-12569,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 7, 2006, Decided , February 7, 2006, Filed
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Overview: Defendant's six-month sentence for a check-kiting scheme was affirmed because the district court considered each of the 18 U.S.C.S. § 3553(a) factors under a properly-calculated advisory U.S. Sentencing Guidelines range.
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