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| FEC v. Reform Party of the United States, No. 05-17083,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 1, 2007, Decided , March 1, 2007, Filed
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Overview: Where a political party's counterclaim challenged the Federal Election Commission's repayment determination under 26 U.S.C.S. §§ 9007, 9010(b), only the District of Columbia Circuit had jurisdiction under 26 U.S.C.S. § 9011(a), thus, the Florida District Court's entry of summary judgment to the Commission was upheld.
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| Gordon v. Sec'y, Dep't of Corr., No. 06-15783,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 1, 2007, Decided , March 1, 2007, Filed
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Overview: In a death penalty case, a state inmate's application for a COA was denied because it was untimely, and 28 U.S.C.S. § 2244(d)'s limitations period was not tolled during the time a petition for certiorari was pending before the United States Supreme Court or because the failure to file on time was due to a state appointed and supervised counsel.
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| United States v. Ayorinde, No. 06-14575 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 1, 2007, Decided , March 1, 2007, Filed
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Overview: Defendant's sentence was affirmed because she was properly denied minor-role reduction under USSG § 3B1.2 based on large quantity of drugs she carried, her sophistication, and her large courier fee, and district court found that sentence was reasonable based on 18 U.S.C.S. § 3553(a) factors, and defendant did not argue that it was unreasonable.
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| United States v. Eldick, No. 06-10602,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 1, 2007, Decided , March 1, 2007, Filed
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Overview: Defendant's brother had no standing under 21 U.S.C.S. § 853(n)(6)(A) to challenge the forfeiture of defendant's properties under the argument that defendant converted the profits of their medical practice though health care fraud and drug offenses because even if the brother "owned" them when converted, he was, at most, an unsecured creditor.
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| United States v. Perez-Herrera, No. 06-13861 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 2, 2007, Decided , March 2, 2007, Filed
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Overview: District court did not err in calculating defendant's criminal history by assessing one point for prior convictions to which he pled guilty without counsel because he presented no evidence beyond guilty plea form to support his claim that his waiver of counsel was not knowing or voluntary, so he failed to show convictions were presumptively void.
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| United States v. Stillwell, No. 06-14413 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 2, 2007, Decided , March 2, 2007, Filed
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Overview: Although defendant did not "invite" district court to sentence her to 51 months imprisonment based on likelihood of sentence reduction for participation in residential drug treatment program, defendant "invited" consideration of her potential completion of program in determining length of imprisonment to impose, so she could not complain on appeal.
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| Gulfstream Park Racing Ass'n v. Tampa Bay Downs, Inc., No. 03-16272,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 5, 2007, Decided , March 5, 2007, Filed
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Overview: A district court's entry of summary judgment in favor of a racetrack on its counterclaim against a guest racetrack was affirmed because the Supreme Court of Florida ruled Fla. Stat. §§ 550.615(3) and 550.6305(9)(g)1 prohibited the exclusive or restrictive provisions in simulcast agreements between the guest racetrack and out-of-state host tracks.
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| Paredes v. United States AG, No. 06-13944 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 5, 2007, Decided , March 5, 2007, Filed
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Overview: Although an immigration judge found that a homosexual man infected with HIV qualified as a member of a particular social group under 8 U.S.C.S. § 1158 (b)(1)(B)(1), the man failed to show he would be subject to future persecution if returned to his homeland, Venezuela, as nongovernment-sanctioned discrimination did not give rise to refugee status.
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| United States v. Gomez, No. 06-14736 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 5, 2007, Decided , March 5, 2007, Filed
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Overview: Defendant's U.S. Const. amends. V, VI, challenges to a 46 month sentence, which was imposed after he was convicted of illegal reentry under 8 U.S.C.S. § 1326(a), (b)(2), were denied. Government did not have to charge his prior aggravated felony conviction in indictment or prove it to jury. Defendant was not punished again for his prior conviction.
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