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| Kabore v. United States AG, No. 06-13704 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 15, 2007, Decided , March 15, 2007, Filed
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Overview: An alien's petition was denied because an adverse credibility finding was supported by substantial evidence, and because the alien had not provided corroborating evidence that he had a well-founded fear of future persecution on account of a protected ground.
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| Lingjian Zhu v. United States AG, No. 06-14421 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 15, 2007, Decided , March 15, 2007, Filed
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Overview: A Chinese citizen was properly denied asylum and withholding of removal under the INA, 8 U.S.C.S. §§ 1158, 1231, because he failed to demonstrate a well-founded fear of persecution based on political opinion stemming from his father's selling of politically subversive books; an appeals court deferred to the IJ's adverse credibility determination.
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| Martinez v. United States AG, No. 06-14721 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 15, 2007, Decided , March 15, 2007, Filed
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Overview: Evidence, which was limited to record because of adverse-credibility finding, did not support petition for review of BIA decision denying withholding of removal because alien and her husband did not establish a probability of being persecuted, as defined under 8 U.S.C.S. § 1101(A)(42)(A), because of alien's political opinion if removed to Colombia.
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| Miller v. Georgia, No. 06-14138 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 15, 2007, Decided , March 15, 2007, Filed
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Overview: A district court's Fed. R. Civ. P. 12(b)(6) dismissal of a former employee's Title VII, ADA, and ADEA claims was affirmed since the employee had failed to satisfy the 90-day statutory limitations periods; the employee's argument that she timely renewed her second complaint pursuant to O.C.G.A. § 9-2-61 was without merit.
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| Smith v. Sec'y, Dep't of Corr., No. 06-12974 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 15, 2007, Decided , March 15, 2007, Filed
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Overview: District court's judgment denying state prisoner's 28 U.S.C.S. § 2254 petition was vacated and remanded as the district court erred when it failed to consider the prisoner's claim that he received ineffective assistance of counsel in connection with the handling of his motion for a bill of particulars, and the prisoner adequately raised the issue.
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| United States v. Camacho-Benitez, No. 06-12027 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 15, 2007, Decided , March 15, 2007, Filed
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Overview: Defendant's 135-month sentence for violating 46 U.S.C.S. app. 1903(a), (g), and (j) (current versions at 46 U.S.C.S. §§ 70503(a) and 70506) and 21 U.S.C.S. 960(b)(1)(B)(ii) was affirmed because the district court did not err in denying him a U.S. Sentencing Guidelines Manual § 3B1.2(b) minor role reduction, and the sentence was reasonable.
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| United States v. Davis, No. 06-12247 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 15, 2007, Decided , March 15, 2007, Filed
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Overview: Defendant's sentence was improperly reduced from mandatory minimum of life in prison for drug conspiracy charges to 78 months because in considering factors of U.S. Sentencing Guidelines Manual § 5K1.1 for substantial assistance, district court erroneously considered 18 U.S.C.S. § 3553(a) factors and linked reduction to co-conspirators' sentences.
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| United States v. Dean, No. 06-14088 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 15, 2007, Decided , March 15, 2007, Filed
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Overview: In convictions that included armed bank robbery, the admission of an emergency room doctor's testimony without formally determining her qualifications was upheld under Fed. R. Evid. 702 because the record showed that she was experienced and board-certified, and her opinion was based on her observations and was within the scope of her expertise.
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| United States v. Lewis, No. 06-11876,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 15, 2007, Decided , March 15, 2007, Filed
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