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Federal Courts -
11th Circuit Court of Appeals - March 10, 2006
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Jones v. City of Rockmart, No. 05-13102 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 10, 2006, Decided , March 10, 2006, Filed
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Overview: Court of appeals reversed district court's judgment dismissing action which a prisoner filed under 42 U.S.C.S. § 1983, alleging that he was arrested and tried in violation of the Fourth Amendment because police officer falsified evidence, because record did not support judgment that the prisoner could prove no set of facts entitling him to relief.
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United States v. Garcia, Nos. 05-11296 Non-Argument Calendar, No. 05-11298 Non-Argument Calendar, No. 05-11299 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 10, 2006, Decided , March 10, 2006, Filed
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Overview: Defendants' sentences, including the imposition of enhancements under USSG §§ 2D1.1(b)(1), and (c)(2), and 3B1.1(a), were affirmed because the use of extra-verdict enhancements did not constitute Booker error and the sentences met Booker's reasonableness requirements and because one of the defendants was ineligible for a safety-valve reduction.
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United States v. Reyes, No. 05-11294 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 10, 2006, Decided , March 10, 2006, Filed
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Overview: The court affirmed defendant's sentence, including a two-level firearm enhancement under USSG § 2D1.1(b)(1), because the evidence was clearly sufficient to support the district court's finding that the co-conspirator's possession of the firearm was reasonably foreseeable to defendant.
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United States v. Scott, No. 05-12511,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 10, 2006, Decided , March 10, 2006, Filed
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Overview: Defendant was entitled to resentencing because the district court's error in applying the U.S. Sentencing Guidelines Manual § 2A6.1(b)(1) enhancement for defendant's statement, which was made in custody after the crime of threatening a federal official had been completed, was not harmless, given the substantial differences in sentencing ranges.
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