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| United States v. Garcia, No. 05-12045 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 14, 2006, Decided , February 14, 2006, Filed
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Overview: Appellate court found that because the record supported a finding that defendant neither played a mitigating role in relation to the relevant conduct attributed to him nor was he substantially less culpable than most of the other participants in the relevant conduct; the district judge did not clearly err by denying him a minor-role reduction.
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| United States v. Joseph, No. 05-12573 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 14, 2006, Decided , February 14, 2006, Filed
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| United States v. Kucera, No. 05-12889 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 14, 2006, Decided , February 14, 2006, Filed
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Overview: District court did not commit plain error in applying enhancement for obstruction of justice under USSG § 3C1.1 in resentencing defendant on kidnapping conviction where district court made specific findings that he committed perjury by testifying victim voluntarily participated in events on night in question and findings were supported by record.
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| United States v. McCullough, No. 05-13206 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 14, 2006, Decided , February 14, 2006, Filed
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Overview: Conviction for harboring illegal alien was affirmed. Defendant's Sixth Amendment witness confrontation right was not violated. Government did not act in bad faith when it allowed defendant's boyfriend to leave US voluntarily, since he only provided incriminating statements about defendant and there was no reason to believe statements were coerced.
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| United States v. Medrano, No. 05-11776 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 14, 2006, Decided , February 14, 2006, Filed
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Overview: Appellate court noted that it had jurisdiction to review sentence within advisory guidelines range for reasonableness and determined that defendant's sentence was reasonable because district court considered the 18 U.S.C.S. § 3553(a) factors, accurately calculated Sentencing Guidelines range, and sentenced defendant at low end of Guidelines range.
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| Universal Commun. Sys. v. Turner Broad. Sys., No. 05-12698 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 14, 2006, Decided , February 14, 2006, Filed
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| Young v. TVA, No. 05-14679 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 14, 2006, Decided , February 14, 2006, Filed
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Overview: Summary judgment in favor of the TVA on an action for injuries at a nuclear plant was affirmed because, since TVA was a special employer of an injured employee, TVA was entitled to the same exclusive remedy protection against willful conduct allegations that were applicable to other persons who were special employers under Alabama law.
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| Zerriouh v. United States AG, No. 05-13994 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 14, 2006, Decided , February 14, 2006, Filed
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Overview: The record did not compel a conclusion to overturn an IJ's denial of an alien's application for withholding of removal under 8 U.S.C.S. § 1231 based on an adverse credibility determination because substantial evidence, including inconsistencies between the alien's testimony and his application narrative, supported the credibility determination.
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