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   Federal Courts - 11th Circuit Court of Appeals - March 13, 2006

  
Ayasta v. United States AG, No. 05-13251 Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 13, 2006, Decided , March 13, 2006, Filed
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Overview: A petition for review was denied because the BIA did not abuse its discretion in failing to reconsider its refusal to reopen the aliens' removal hearing based on ineffective assistance of counsel or by requiring the aliens to meet procedural requirements, and the aliens' three claims of due process violations failed.

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Hills v. Washington, No. 04-14292, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 13, 2006, Decided , March 13, 2006, Filed
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Overview: While Ga. Sup. Ct. R. 40 (2005) opted out of the certiorari requirement for exhaustion in Georgia courts, and was not in effect during the inmate's direct appeal process and he had not sought certiorari, the Georgia Attorney General could waive the procedural bar; the petition was remanded for the district court to consider the federal issues.

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Lofton v. Potter, No. 05-14618 Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 13, 2006, Decided , March 13, 2006, Filed
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Sepulveda v. Burnside, No. 04-10241, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 13, 2006, Decided , March 13, 2006, Filed
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Overview: District court erred in granting summary judgment to detention officer in inmate's suit alleging violations of U.S. Const. amends. I, VIII where officer violated policy and placed inmate and prisoner into common area together, prisoner assaulted inmate, and evidence tended to show that officer knew that prisoner posed threat to inmate's safety.

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United States v. Beverly, No. 05-14067 Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 13, 2006, Decided , March 13, 2006, Filed
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Overview: A district court's restitution was affirmed because it properly considered defendant's financial situation in ordering him to pay $ 500 per month, and the district court did not err in requiring defendant to pay $ 500 per month and the codefendant $ 200 per month because the codefendant was held jointly and severally liable for larger amount.

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United States v. Brown, No. 04-10325, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 13, 2006, Decided , March 13, 2006, Filed
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Overview: District court did not err by refusing to suppress defendant's pre-arrest confession that he gave at his girlfriend's house because the fact that the police confiscated his shoes, standing alone, could not convert a noncustodial situation into a custodial arrest, as defendant was repeatedly told that he was not under arrest and was free to leave.

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United States v. Laroche, No. 05-14427 Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 13, 2006, Decided , March 13, 2006, Filed
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Overview: Defendant's conviction was affirmed because the appellate court rejected defendant's contentions that 18 U.S.C.S. § 922(j): (1) exceeded Congress' authority under the Commerce Clause as evidenced by its application to the facts of his case, and (2) was not a bona fide act of Congress since there was no enacting clause on the law's face.

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United States v. Persall, No. 05-12602 Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 13, 2006, Decided
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Overview: A district court did not err by enhancing defendant's sentence in excess of the guidelines range for child pornography by using facts not admitted to by him and not found by a jury because he was sentenced under the post-Booker advisory guidelines and not the pre-Booker mandatory guidelines.

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United States v. Reaves, No. 05-13890 Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 13, 2006, Decided , March 13, 2006, Filed
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