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Federal Courts -
11th Circuit Court of Appeals - March 14, 2007
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United States v. Garza, No. 06-13708 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 14, 2007, Decided , March 14, 2007, Filed
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Overview: On a Booker remand, a sentence of 151 months of imprisonment for a conviction of conspiracy to possess with intent to distribute 500 or more grams of cocaine was upheld because the sentence was at the low end of the range of the advisory U.S. Sentencing Guidelines Manual, and the district court properly considered the 18 U.S.C.S. § 3553(a) factors.
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United States v. Lyons, No. 06-15382 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 14, 2007, Decided , March 14, 2007, Filed
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Overview: Although defendant testified that his consent to search was not voluntary, magistrate judge found police officers' testimony to be more credible, and that finding was not unbelievable. Thus, district court did not err in refusing to suppress, at defendant's trial on charges of violating 18 U.S.C.S. §§ 922(g)(1), 924(a)(2), guns that were found.
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Velazquez v. City of Hialeah, No. 05-13157,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 14, 2007, Decided , March 14, 2007, Filed
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Overview: District court erred in granting summary judgment to city in arrestee's 42 U.S.C.S. § 1983 excessive force case; although arrestee did not prove which of two officers allegedly beat him, both officers admitted they were present at the scene, allowing jury to infer that one officer beat arrestee and the other one was liable for failing to intervene.
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