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| Cediel v. United States AG, No. 05-14135 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 7, 2006, Decided , March 7, 2006, Filed
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Overview: An alien and her family were not entitled to asylum under 8 U.S.C.S. §§ 1101 and 1158, because, although guerilla organization members in Colombia allegedly sought financial information because she worked at a bank and threatened her life, the past persecution was not on account of membership in a social group or imputed opinion.
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| Hall v. Smith, No. 05-14291 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 7, 2006, Decided , March 7, 2006, Filed
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Overview: Arrestee's 42 U.S.C.S. § 1983 suit was properly dismissed for failure to state a claim; officers were justified in making a warrantless entry into arrestee's residence based on 911 call that woman was being beaten, officers heard yelling inside the residence, and arrestee would not let the officers in to verify that the occupants were safe.
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| Smith v. City of Savannah, No. 05-15464 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 7, 2006, Decided , March 7, 2006, Filed
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| United States v. Daniels, No. 05-14034 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 7, 2006, Decided , March 7, 2006, Filed
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Overview: Defendant's concurrent 168-month sentences for violating 21 U.S.C.S. § 841(a)(1), (b)(1)(B)(iii), and (b)(1)(C) were affirmed because the district court both correctly calculated the applicable USSG range and considered the USSG, the 18 U.S.C.S. § 3553(a) factors, and the circumstances of the offense. The sentences were reasonable.
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| United States v. Wilson, No. 04-15227 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 7, 2006, Decided , March 7, 2006, Filed
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Overview: Defendant's sentence vacated and remanded because, even though the district court did not commit constitutional Booker error, it committed statutory Booker error, and the government could not meet its burden of proving that the district court's application of the USSG as mandatory was harmless.
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