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| Alabama-Tombigbee Rivers Coalition v. Kempthorne, No. 05-17164,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 8, 2007, Decided , February 8, 2007, Filed
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Overview: Although Fish and Wildlife Service violated 16 U.S.C.S. § 1533(b)(6)(C)(ii) of ESA by failing to designate the critical habitat of Alabama sturgeon within two years of listing the species as endangered, a federal appeals court refused to impose the remedy of de-listing the species, which would have frustrated Congress's intent to preserve wildlife.
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| De La Cruz Pinedo Leal v. United States AG, No. 06-11782 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 8, 2007, Decided , February 8, 2007, Filed
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Overview: The aliens' petition for review was denied because, inter alia, they did not show that the alleged persecution by the Revolutionary Armed Forces of Colombia was based on one of the statutorily-listed factors, and they presented no evidence to show that they would be persecuted if they relocated within Colombia.
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| Jenkins v. Lennar Corp., No. 06-13710 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 8, 2007, Decided , February 8, 2007, Filed
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Overview: Grant of summary judgment in favor of appellee corporation, law firm, and insurance company on appellant's pro se 42 U.S.C.S. § 1983 action was vacated, and the case was remanded with instructions to dismiss the complaint because appellant's action failed to satisfy the jurisdictional requirements of 28 U.S.C.S. §§ 1331 or 1332.
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| Justice v. Abercrombie, No. 06-14978 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 8, 2007, Decided
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| Leal Mojica v. United States AG, No. 06-13755 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 8, 2007, Decided , February 8, 2007, Filed
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Overview: Where an alien from Columbia alleged that she and her family received threatening phone calls when they attempted to search for her husband's son who had disappeared, substantial evidence supported the denial of her asylum application under 8 U.S.C.S. §§ 1101 and 1158 because, inter alia, the threatening phone calls did not amount to persecution.
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| State Farm Fire & Cas. Co. v. Simmons, No. 06-14839 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 8, 2007, Decided
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| United States v. Herring, No. 05-17024 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 8, 2007, Decided , February 8, 2007, Filed
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Overview: District court did not clearly err in enhancing defendant's sentence under USSG § 3C1.1 because he committed at least two instances of perjury regarding whether he understood charges, and whether he was coerced or bribed by counsel and his false testimony that counsel advised him to plead guilty as stalling tactic was material.
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| United States v. Neely, No. 06-13651 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 8, 2007, Decided , February 8, 2007, Filed
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Overview: Defendant's convictions for violating 21 U.S.C.S. § 841(a)(1) and (b)(1)(B)(iii) and 18 U.S.C.S. § 924(c)(1) affirmed because a police detective had reasonable suspicion to conduct an investigatory stop of his car, that reasonable suspicion persisted, and the detective was entitled to search the car to ensure his safety.
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| United States v. Smart, No. 06-14119 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 8, 2007, Decided
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Overview: Defendant's 96-month sentence for possession with intent to distribute cocaine was reasonable, as the district court considered several factors, including defendant's numerous prior convictions and the need to protect the public, and sentenced defendant well below the statutory maximum.
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