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| Martinez v. Brink's, Inc., No. 04-14609,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 8, 2006, Decided , March 8, 2006, Filed
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Overview: District court properly granted judgment as matter of law to employer in former employee's malicious prosecution suit; employee failed to show lack of probable cause for theft charges filed against him where police testified that missing videotape implicated employee in theft and prosecutor stated that there was sufficient evidence to convict.
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| Reeve v. Unum Life Ins. Co. of Am., No. 04-16717,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 8, 2006, Decided , March 8, 2006, Filed
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Overview: Summary judgment was properly granted to insurance company in claimant's ERISA suit to recover long-term disability benefits after suffering heart attack; de novo standard of review did not apply because policies gave company discretion to determine eligibility, and claimant failed to show that denial of benefits was arbitrary and capricious.
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| United States v. Dulcio, No. 04-13838,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 8, 2006, Decided , March 8, 2006, Filed
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Overview: District court error in sentencing defendant under a mandatory Sentencing Guidelines scheme was harmless because the district court clearly stated that the defendant's sentence of 151 months would have been imposed under three different scenarios, including the unconstitutionality of the Guidelines.
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| United States v. Rubio-Ledezma, No. 05-13031 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 8, 2006, Decided , March 8, 2006, Filed
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Overview: Defendant's conviction and sentence for violating 8 U.S.C.S. § 1326(a) and (b)(2) were affirmed because, while the court may have technically failed to comply with Fed. R. Crim. P. 11, the error did not affect defendant's substantial rights, and the sentence enhancement for a prior conviction was not a constitutional Booker error.
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