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| Glover v. Eight Unknown D.E.A. Agents, No. 06-13061 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 23, 2007, Decided , February 23, 2007, Filed
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Overview: Agents were entitled to qualified immunity because they were performing discretionary functions when they entered plaintiff's house because they feared there was a dangerous methamphetamine lab and when they decontaminated plaintiff before exposing others to the toxic chemicals that they thought had saturated his clothing.
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| Keefe v. Rudolph (In re Rudolph), No. 06-14998 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 23, 2007, Decided
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Overview: Client's debt to attorney was properly discharged during client's Chapter 7 proceeding; debt was not excused from discharge under 11 U.S.C.S. § 523(a)(2)(A) or 11 U.S.C.S. § 727(a)(4) because client did not make any misrepresentations about his ability or intent to pay, and client amended his bankruptcy petition to reflect some earlier omissions.
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| Obasohan v. United States AG, No. 05-13332,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 23, 2007, Decided , February 23, 2007, Filed
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Overview: Alien's restitution order was based on factual findings regarding conduct and loss amounts that were not charged, proven or admitted; therefore, it was error for IJ to conclude that the order, standing alone, constituted "clear, unequivocal and convincing" proof of the loss necessary to transform the alien's conviction into an aggravated felony.
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| Pope v. Target Corp., No. 06-12267 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 23, 2007, Decided
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Overview: District court did not err in granting summary judgment to retail corporation in patron's personal injury suit; patron, who admitted she was familiar with retail clothing racks, could have avoided tripping over rack by using ordinary care by not walking so close to base of rack or by looking to make sure she was not tripping over rack's base.
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| Ross v. Jarriel, No. 06-13680 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 23, 2007, Decided
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Overview: A district court's denial of a pro se state inmate's habeas corpus petition was affirmed since even if any of his counsel's actions had been unreasonable, the inmate could not establish in the state habeas court that the result would have been different to a probability sufficient to undermine confidence in the outcome.
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| United States v. Ali, No. 06-12074 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 23, 2007, Decided , February 23, 2007, Filed
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| United States v. Bell, No. 05-14043,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 23, 2007, Decided , February 23, 2007, Filed
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Overview: Two brothers were properly given life terms for conspiracy to sell crack cocaine; sentencing enhancements for having an Uzi-like gun under USSG § 2D1.1(b)(1) and for being a career criminal under USSG § 4B1.1, respectively, were not error as they both had been convicted of prior violent felonies in connection with their illegal drug trading.
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| United States v. Johnson, No. 06-14612 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 23, 2007, Decided , February 23, 2007, Filed
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Overview: Defendant's 192-month sentence for violating 21 U.S.C.S. § 841(a)(1) and (b)(1)(A) was affirmed as the district court did not err in determining the sentence; defendant had argued that any sentence above the 10-year statutory mandatory minimum sentence was inherently greater than necessary because only the statutory minimum sentence was necessary.
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| United States v. Lambert, Nos. 06-13093 & 06-13842 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 23, 2007, Decided , February 23, 2007, Filed
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Overview: Defendant's 27-month sentence for violating supervised release upon his arrest for violating Ala. Code § 13A-12-213 was affirmed because the preponderance of evidence showed that defendant was in possession of marijuana or at least knew it was in his car, and district court considered the factors under 18 U.S.C.S. § 3553(a) in imposing sentence.
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