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| Beazley v. Crosby, No. 05-13815 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 23, 2006, Decided , February 23, 2006, Filed
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Overview: Inmate was denied 28 U.S.C.S. § 2254 relief on his claim that trial court violated his rights by excluding witness's testimony because trial court's decision that testimony should be excluded because probative value was outweighed by improper impeachment purpose was not contrary to or an unreasonable application of clearly established Federal law.
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| Cuiyan Zhu v. United States AG, No. 05-13108 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 23, 2006, Decided , February 23, 2006, Filed
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Overview: Petition for review of BIA's denial of motion to reopen order affirming denial of asylum relief was granted; alien established prima facie eligibility for asylum based on well-founded fear of future persecution by sterilization, as her pregnancy violated China's population control policy, and corroborating evidence supported her credible testimony.
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| Heard v. Nix, No. 05-14515 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 23, 2006, Decided , February 23, 2006, Filed
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Overview: Dismissal with prejudice of a prisoner's conspiracy complaint against the individuals was not an abuse of discretion because the 43-page amended complaint, which incorporated the original complaint and affidavits, and named 102 defendants, made clear that he did not attempt to comply with an order to conform the complaint to Fed. R. Civ. P. 8(a).
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| Keinz v. Crosby, No. 05-12162 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 23, 2006, Decided , February 23, 2006, Filed
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Overview: Given that the state court had granted the inmate an evidentiary hearing on his Fla. R. Crim. P. 3.850 motion, and that the two-year delay in acting on the motion was due to the inmate's filing that motion while his direct criminal appeal was pending, dismissal of his 28 U.S.C.S. § 2254 petition for failure to exhaust state remedies was correct.
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| Maldonado v. Snead, No. 05-10813,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 23, 2006, Decided , February 23, 2006, Filed
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Overview: Judgment in favor of state employees in suit alleging that they were deliberately indifferent to child's U.S. Const. amend. XIV right to safety in foster care was affirmed; because alleged burn was diagnosed as impetigo and cut may have been accidental, employees did not know that child was at risk for serious harm in foster home where she lived.
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| McConnell v. Westpoint Stevens, Inc., No. 05-15604 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 23, 2006, Decided , February 23, 2006, Filed
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Overview: District court properly granted summary judgment to employer in employee's 42 U.S.C.S. § 2000e-3(a) suit; employee's complaint that coworker was being mistreated did not support objectively reasonable belief by employee that mistreatment constituted sexual harassment where negative treatment of coworker stemmed from animosity, and not sex.
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| United States v. Barrios, No. 05-13366 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 23, 2006, Decided , February 23, 2006, Filed
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Overview: Defendant's sentences for violating 21 U.S.C.S. §§ 846 and 841(a)(1) were affirmed because the district court correctly treated him as a career offender under U.S. Sentencing Guidelines Manual § 4B1.1, and the district court properly considered the sentencing factors in 18 U.S.C.S. § 3553(a). The sentences were not unreasonable.
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| United States v. Camacho, No. 04-15421 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 23, 2006, Decided , February 23, 2006, Filed
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Overview: Denial of safety-valve relief under 18 U.S.C.S. § 3553(f) and U.S. Sentencing Guidelines Manual § 5C1.2 was not clear error because the finding that defendant was not credible was supported by the inconsistency between his claim that he was a one-time drug dealer and the confident way he conducted himself in his negotiation of a drug deal.
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| United States v. Mason, No. 05-13692 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 23, 2006, Decided , February 23, 2006, Filed
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Overview: Finding that defendant warned his coconspirator to "clean his house," which the coconspirator understood to mean that he should get rid of his guns, was not clearly erroneous and supported an obstruction of justice enhancement under U.S. Sentencing Guidelines Manual § 3C1.1, cmt., application n. 4(d) for destroying or concealing material evidence.
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