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| Barbas v. United States AG, No. 05-14556 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 16, 2006, Decided , February 16, 2006, Filed
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Overview: BIA did not abuse its discretion in denying alien's motion to reopen proceedings after denying his request for relief from removal because affidavit and article that alien submitted concerned violence against Colombian union members, and immigration judge had determined that alien's testimony concerning his membership in union was not credible.
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| Hurlbert v. St. Mary's Health Care Sys., Inc., No. 05-10252,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 16, 2006, Decided , February 16, 2006, Filed
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Overview: District court's grant of summary judgment was reversed and remanded for further proceedings on both an employee's interference and the retaliation claims under 29 U.S.C.S. §§ 2615(a) and 2617(a) of the Family and Medical Leave Act of 1993 as the court erred in construing the pertinent regulatory language, and in assessing the evidence of pretext.
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| Pioneer Metals, Inc. v. Univar USA, Inc., No. 04-15491,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 16, 2006, Decided , February 16, 2006, Filed
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Overview: District court abused its discretion in reviewing corporation's request for leave to amend complaint to add claim under 42 U.S.C.S. § 9613(f)(3)(B) as motion to reconsider dismissal of complaint for failure to state claim, as district court had only dismissed § 9613(f)(1) claims and did not address merits of separate claim under § 9613(f)(3)(B).
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| Schwier v. Cox, No. 05-11428,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 16, 2006, Decided , February 16, 2006, Filed
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Overview: Voter applicants properly were awarded summary judgment on claim that Georgia violated § 1971 of Voting Rights Act of 1870 by denying applications based on applicants' refusal to disclose SSNs because Georgia could not mandate disclosure of SSNs, as such information was not "material" to voter registration system under 42 U.S.C.S. § 1971(a)(2)(B).
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| Thamsir v. AG of the United States , No. 05-13389,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 16, 2006, Decided , February 16, 2006, Filed
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Overview: Where an Indonesian citizen's parents were alive and well in Indonesia, and the citizen did not claim that the Muslim attackers in Indonesia only targeted him, it was reasonable for the IJ assume that the citizen could also live safely in Indonesia if his parents could; IJ's decision was supported by substantial evidence under 8 U.S.C.S. § 1158.
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| United States v. Devegter, No. 04-14075,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 16, 2006, Decided , February 16, 2006, Filed
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Overview: District court erred because its order ignored the distinction between variable and fixed overhead costs by equating year-end bonuses with commissions in sentencing bribery defendants under U.S. Sentencing Guidelines Manual § 2B4.1 (2000). The district court also erred by entering a downward departure.
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| United States v. Knight, No. 05-13351 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 16, 2006, Decided , February 16, 2006, Filed
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Overview: Defendant's sentence for revocation of probation was affirmed because the district court: (1) was aware of the sentencing range recommended by the USSG; (2) considered the factors in 18 U.S.C.S. § 3553(a); and (3) clearly understood defendant's most recent crimes as failures to comply with the spirit and terms of her probation.
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| United States v. McMillan, No. 05-13474 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 16, 2006, Decided , February 16, 2006, Filed
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Overview: District court did not err in revoking defendant's supervised release and sentencing him to 24 months in prison; evidence, including witness testimony, established that he stole a purse, and even if district court erred in considering theft to be a felony under state law, defendant did not show that his sentence would have been less but-for error.
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