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   Federal Courts - 11th Circuit Court of Appeals - February 23, 2007

  
United States v. Masesa, No. 06-15105 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: A district court properly denied defendant's pretrial motion, which sought to suppress evidence obtained during a border search. Border agents had reasonable suspicion to conduct x-ray exam after defendant's traveling companion admitted that he had forced her to swallow cocaine-containing pellets. No violation of Fed. R. Crim. P. 5(a) had occurred.

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United States v. Sewell, No. 05-16070, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 23, 2007, Decided , February 23, 2007, Filed
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Overview: Defendant's conviction for two drug offenses and a firearm offense was affirmed since, inter alia, there was sufficient evidence to convict him of conspiracy and the district court's jury instruction was sufficient, and defendant's 250-month sentence was affirmed since, inter alia, he provided no reasoning why the sentence was unreasonable.

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United States v. Vallas, No. 06-13402 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 waived his right to appeal his 92-month sentence following his guilty plea for possession of a firearm by a convicted felon in violation of 18 U.S.C.S. § 922(g)(1); although he retained limited appeal rights, he was barred from making reasonableness and Apprendi/Booker arguments because he waived his rights voluntarily at a plea hearing.

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Whiting-Turner Contracting Co. v. Elec. Mach. Enters. (In re Elec. Mach. Enters.), No. 06-13733 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: Denial of motion to compel arbitration as reversed because while the determination of whether the contractor actually owed the debtor part of the settlement proceeds that the contractor had obtained from a customer could affect the debtor's estate, it was merely related to the bankruptcy and as such it was non-core and subject to arbitration.

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