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| Gutierrez v. United States AG, No. 05-13798 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 2, 2006, Decided , March 2, 2006, Filed
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Overview: Under 8 U.S.C.S. § 1252(b)(1), court lacked jurisdiction to consider alien's petition for review as it pertained to BIA's order affirming decision denying request for asylum and withholding of removal because alien did not file petition within 30 days of order but instead waited until after motion for reconsideration was denied two months later.
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| Pickard v. Thompson, No. 05-13617 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 2, 2006, Decided , March 2, 2006, Filed
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Overview: 28 U.S.C.S. § 2254 petition was properly denied; trial counsel was not ineffective for failing to inform inmate that he was not eligible for parole if convicted at trial rather than accepting plea, as parole eligibility was a collateral consequence of a guilty plea, and attorneys were not required to inform defendants of collateral consequences.
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| Thomas v. Montgomery County Bd. of Educ., No. 05-10886 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 2, 2006, Decided , March 2, 2006, Filed
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Overview: A district court's dismissal with prejudice of an individual's complaint against a school board and officials was affirmed because the district court did not err in determining that the individual had failed to prosecute the case and a lesser sanction would not suffice.
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| Thomas v. Montgomery County Bd. of Educ., No. 05-10885 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 2, 2006, Decided , March 2, 2006, Filed
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Overview: District court did not abuse its discretion in dismissing, for failure to prosecute, citizen's case alleging that handicapped children's rights were being violated; citizen ignored multiple warnings that his case would be dismissed if he failed to appear at mandatory conferences, and lesser sanctions would not remedy the citizen's intransigence.
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| United States v. Lecroy, No. 04-15597,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 2, 2006, Decided , March 2, 2006, Filed
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Overview: Defendant's 18 U.S.C.S. § 2119(3) carjacking conviction and death sentence were upheld because, inter alia, the Federal Death Penalty Act was not facially unconstitutional under the Fifth Amendment, a simple carjacking jury instruction would have been inappropriate, there was sufficient evidence, and evidence from a prior search was admissible.
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| United States v. Valencia, No. 03-15541,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 2, 2006, Decided , March 2, 2006, Filed
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Overview: There was sufficient evidence to support convictions under 46 U.S.C.S. app. § 1903 and 21 U.S.C.S. § 960 where the evidence showed that a boat had no discernible purpose, it was equipped for drug smuggling, it was camouflaged and attempted to evade capture, and discovered bales of cocaine were floating high in the water and were fairly dry.
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| United States v. Valencia, No. 03-15541,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 2, 2006, Decided , March 2, 2006, Filed
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Overview: Six codefendants were properly convicted of smuggling 91 bales of cocaine in a vessel subject to U.S. jurisdiction under former 46 U.S.C.S. app. § 1903(a), (g), and (j); sufficient circumstantial evidence linked the bales, found floating in the boat's wake 700 miles out at sea, to defendants, even though no one saw defendants jettison their cargo.
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| United States v. Vallecillo, No. 04-15278 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 2, 2006, Decided , March 2, 2006, Filed
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Overview: Even though the district court did not err in failing to grant defendant a U.S. Sentencing Guidelines Manual § 3B1.2. offense level reduction, his sentences for controlled substance offenses were vacated and remanded because the government could not show that the Booker error had only a slight effect on defendant's sentence.
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