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| Anderson v. City of Crystal River, No. 06-15351 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 6, 2007, Decided , March 6, 2007, Filed
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Overview: A denial of a city's motion for costs and fees against a former employee under 42 U.S.C.S. § 1988 and the Florida Whistleblower Act and an award of attorneys' fees against the employee's counsel under 28 U.S.C.S. § 1927 was affirmed since the employee's claims were not so frivolous, unreasonable, or without foundation as to justify such an award.
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| Gilliam v. Sec'y for the Dep't of Corr., No. 05-16638,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 6, 2007, Decided , March 6, 2007, Filed
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Overview: A death row inmate's habeas petition was denied on a Brady violation claim because a suppressed police report showing the murder victim was a prostitute was inadmissible; thus, it was not material, and defense counsel had another report as to the victim's prostitution and attempted, unsuccessfully, to introduce that fact at trial.
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| Hawkins v. Sec'y, Fla. Dep't of Corr., No. 06-13158 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 6, 2007, Decided , March 6, 2007, Filed
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Overview: Prisoner's § 2254 habeas petition was properly denied. He failed to show that state court's denial of his ineffective assistance claim was contrary to, or involved unreasonable application of, federal law. Prisoner failed to overcome presumption of reasonableness applying to his counsel's decision not to seek suppression of identification evidence.
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| Hua You v. United States AG, No. 06-13933 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 6, 2007, Decided
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Overview: A petition for review was denied because the BIA had substantial evidence to conclude that the alien failed to meet his burden of proof for asylum in that he failed to demonstrate a well-founded fear that he would be persecuted on a protected ground if returned to China. The withholding of removal and CAT relief claims also failed.
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| United States v. Marrero, No. 06-13423 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 6, 2007, Decided , March 6, 2007, Filed
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Overview: Defendant's conviction was affirmed. Because defendant did not expressly ask that the court recuse herself, after a lengthy discussion of the court's potential apparent bias and defendant's statement that he would let the court preside, to the extent that he relied on 28 U.S.C.S. § 455(a), that argument was waived.
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| United States v. Ruiz-Zaragoza, No. 06-12441 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 6, 2007, Decided , March 6, 2007, Filed
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| United States v. Taylor, No. 05-14562,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 6, 2007, Decided , March 6, 2007, Filed
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Overview: Defendant's conviction and sentence for conspiracy to interfere with interstate commerce by means of robbery, in violation of the Hobbs Act, 18 U.S.C.S. § 1951(a), was affirmed. The fact that the intended victims and narcotics were fictional parts of a reverse sting operation was irrelevant; defendant conspired to violently rob a stash house.
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