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   Federal Courts - 11th Circuit Court of Appeals - February 15, 2007

  
Lopez v. United States AG, No. 06-11786 Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 15, 2007, Decided , February 15, 2007, Filed
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Overview: An IJ's order finding an alien removable and denying his application for asylum, withholding of removal, or CAT relief was affirmed since he failed to show past persecution or a well-founded fear of future persecution; the FARC threats against him were due to his father's position and his family members in Colombia had not been harmed by the FARC.

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United States v. Allicock, No. 06-14627 Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 15, 2007, Decided , February 15, 2007, Filed
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Overview: Defendant's conviction for violating 18 U.S.C.S. §§ 922(g)(1) and 924(e) was affirmed because he did not present any evidence that the district court's plea colloquy failed to address the three core concerns of Fed. R. Crim. P. 11, and his 180-month sentence was affirmed because he knowingly and voluntarily waived his right to appeal his sentence.

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United States v. Bejacmar, No. 05-15640 Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 15, 2007, Decided , February 15, 2007, Filed
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Overview: A coram nobis writ filed by alien ordered deported after pleading guilty to bank fraud was properly denied, as he failed to explain why he did not raise ineffective counsel claim in prior habeas petition, which alleged his plea was involuntary because he was told he would not be deported under 8 U.S.C.S. § 1101(a)(43)(M)(i) if he made restitution.

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United States v. Koblan, No. 05-13038, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 15, 2007, Filed
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Overview: An appeal was dismissed as moot, and the case was remanded with instructions to vacate the judgment and dismiss the indictment against defendant because, even though there was a restitution order, the United States Court of Appeals for the Eleventh Circuit's binding precedent required dismissal since defendant died while his appeal was pending.

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Wright v. Sanders Lead Co., No. 06-12598 Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 15, 2007, Decided , February 15, 2007, Filed
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Overview: An African-American male who worked for 20 years as a supervisor at a recycling plant failed to assert a prima facie case of race discrimination under Title VII and 42 U.S.C.S. § 1981 after he was fired for dishonesty; he was not similarly-situated in all relevant respects to lower-ranking white worker fired in the same incident but later rehired.

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