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   Federal Courts - 11th Circuit Court of Appeals - February 22, 2007

  
2025 Emery Highway, LLC v. Bibb County, No. 06-12268 Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 22, 2007, Decided , February 22, 2007, Filed
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Redeker-Barry v. United States, No. 06-14066 Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 22, 2007, Decided , February 22, 2007, Filed
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Tanri v. United States AG, No. 06-14099 Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 22, 2007, Decided , February 22, 2007, Filed
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Overview: Appeals court lacked jurisdiction and could not review IJ's ruling that asylum application was untimely filed. Alien's challenge to that finding did not involve constitutional claim or question of law. Substantial evidence supported denial of alien's withholding of removal request. Isolated incidents did not establish past persecution in Indonesia.

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Tyco Fire & Sec., LLC v. Hernandez Alcocer, No. 05-16180, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 22, 2007, Decided , February 22, 2007, Filed
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Overview: District court erred in considering a motion to dismiss for forum non conveniens; after district court upheld entry of default against appellee under Fed. R. Civ. P. 55(a), district court should have refused to consider motion to dismiss for forum non conveniens because entry of default prevented appellee from raising such procedural defenses.

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United States v. Garrett, No. 06-14007 Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 22, 2007, Decided , February 22, 2007, Filed
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Overview: A district court's imposition of a 151-month sentence for defendant's violation of 18 U.S.C.S. § 1201(a)(1) to run consecutively to a state sentence for another kidnapping was affirmed since the district court considered the 18 U.S.C.S. § 3553(a) factors when it declined to run the sentence concurrently, and the sentence was reasonable.

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United States v. Ortega, No. 06-11255 Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 22, 2007, Decided , February 22, 2007, Filed
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Overview: A district court's denial of a pro se federal inmate's motion to clarify and for reconsideration was affirmed because the inmate had abandoned any argument as to that claim; while he raised the claim in his notice of appeal, his initial and reply briefs only raised arguments as to the district court's denial of his post-conviction motion.

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United States v. Perez-Oliveros, No. 06-12757, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 22, 2007, Decided , February 22, 2007, Filed
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Overview: Defendant's conviction for violating 21 U.S.C.S. §§ 846 and 841(a)(1) was affirmed because the district court did not err in its evidentiary decisions, and the 360-month sentence was affirmed since defendant was not entitled to a minor role adjustment, and he was subject to a U.S. Sentencing Guidelines Manual § 2D1.1(b)(4) importation enhancement.

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Watts v. BellSouth Telecomms., Inc., No. 06-15156 Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 22, 2007, Decided , February 22, 2007, Filed
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Overview: Denial of claim for disability benefits under ERISA plan was correct; report from plan administrator's peer review physician could be considered as opinions of treating physicians were not entitled to any greater deference, and although plan did not explicitly state as much, it was permissible for administrator to consider only objective evidence.

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