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| Progressive Express Ins. Co. v. Weitz, No. 06-12369 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 16, 2007, Decided , February 16, 2007, Filed
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Overview: A district court's denial of an insured's demand for fees and costs under Fla. Stat. § 627.428 was affirmed as he did not prevail; the insurer was at all times ready to pay the appraised value of the boat, but the insured refused to participate in the process in a timely fashion. The insurer did not wrongly withhold payment of the policy proceeds.
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| Spigner v. United States, No. 06-14386 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 16, 2007, Decided , February 16, 2007, Filed
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Overview: Petitioner was precluded from seeking relief from his conviction and sentence under § 2241 because § 2255's savings clause did not apply, as he failed to show that the remedy provided by § 2255 was inadequate or ineffective when it appeared that he filed his § 2241 petition in order to avoid rules limiting the scope of successive § 2255 motions.
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| Travieso v. Fed. Bureau of Prisons, No. 06-13358 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 16, 2007, Decided , February 16, 2007, Filed
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Overview: Federal prisoner's § 2241 habeas corpus petition was properly denied. Prisoner's due process rights were not violated when sentencing credit, which was improperly awarded under 18 U.S.C.S. § 3585(b), was subsequently revoked. Res judicata, collateral estoppel, and equitable estoppel did not apply to warden's erroneous decision to award the credit.
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| United States v. Evans, No. 05-14498,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 16, 2007, Decided , February 16, 2007, Filed
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Overview: Defendant's conviction for violating 18 U.S.C.S. §§ 2332a(a)(3), 876(c), and § 111(a) was affirmed since, inter alia, the district court did not err in accepting his guilty plea, but the life sentence for violating 18 U.S.C.S. § 2332a(a)(3) was vacated and remanded since the sentence was improperly enhanced under 18 U.S.C.S. § 3559.
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| Weissman v. NASD, Inc., No. 04-13575,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 16, 2007, Decided , February 16, 2007, Filed
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| Cooper v. Finley, No. 06-14920 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 20, 2007, Decided , February 20, 2007, Filed
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| Momin v. United States AG, No. 06-13471 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 20, 2007, Decided , February 20, 2007, Filed
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Overview: An alien's petition for review was denied because he had abandoned any argument based on his labor certificate subsequent to his hearing before the IJ; he had not raised the issue before the BIA. His equal protection argument failed since he did not cite any authority to support his argument that an equal protection violation had occurred.
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| Ruiz v. Gonzales, No. 05-15875,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 20, 2007, Decided , February 20, 2007, Filed
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Overview: Court lacked jurisdiction to review denial of alien's asylum application under 8 U.S.C.S. § 1158(a)(3) because it was not timely filed; alien's kidnaping, physical assaults, and threatening phone calls rose to level of persecution under 8 U.S.C.S. § 1231(b)(3)(A), so his petition for review of denial of withholding of removal was granted.
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| United States v. Patrick, No. 05-17111,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 20, 2007, Decided , February 20, 2007, Filed
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Overview: Defendant's conviction for embezzlement and conspiracy to embezzle from an organization receiving federal funds, a violation of 18 U.S.C.S. §§ 666 and 371, was supported by sufficient evidence because conviction was based on evidence of discrepancies between the amount defendant was paid by the organization and the amount that was actually due.
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