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| Pierce v. City of Miami, No. 05-15023 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 15, 2006, Decided , March 15, 2006, Filed
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Overview: District court abused its discretion in dismissing, pursuant to Fed. R. Civ. P. 41(b), individual's 42 U.S.C.S. § 1983 suit where there was no evidence that individual, a pro se litigant, was made aware of local rule he violated; district court failed to consider whether lesser sanctions would suffice; and there was no showing of willful contempt.
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| Price v. Foxworthy, Inc.(In re Price), No. 05-15094 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 15, 2006, Decided , March 15, 2006, Filed
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Overview: Debtor had no standing to assert statutory claims challenging tax sale. He did not make tender required by O.C.G.A. § 48-4-47; moreover, he had no remaining legal interest, as statutory redemption period under O.C.G.A. § 48-4-45 expired, and current owner complied with all procedural requirements necessary to convert interest to indefeasible fee.
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| Umana v. United States AG, No. 05-15082 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 15, 2006, Decided , March 15, 2006, Filed
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Overview: The record reflected, and the alien did not dispute, that she filed her motion to reopen more than 90 days after the IJ found her deportable. As the statute of limitations under 8 C.F.R. § 1003.23(b)(1) had passed, the IJ properly found that the motion was untimely.
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| United States v. Amison, No. 05-10978 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 15, 2006, Decided , March 15, 2006, Filed
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| United States v. Avila-Trujillo, No. 05-15942 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 15, 2006, Decided , March 15, 2006, Filed
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Overview: Supervised release condition was affirmed, where it did not relegate ultimate responsibility of determining sentence to unfettered discretion of probation officer. Condition was not unconstitutionally vague and overbroad, as it was undeniably related to defendant's refusal to comply with immigration orders and his multiple convictions for assault.
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| United States v. Davenport, No. 05-11977 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 15, 2006, Decided , March 15, 2006, Filed
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Overview: Defendant was not entitled to relief as to government's failure to file Fed. R. Crim. P. 35 motion. Plea agreement gave government absolute discretion to file motion, government already filed U.S. Sentencing Guidelines Manual § 5K1.1 motion, and defendant did not allege government acted with unconstitutional motive in refusing to file motion.
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| United States v. Etienne, No. 05-13126 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 15, 2006, Decided , March 15, 2006, Filed
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Overview: Defendant's sentence for violating 8 U.S.C.S. § 1326 was affirmed because the district court did not err in enhancing the sentence based on defendant's prior drug conviction. The exception carved out by the Almendarez-Torres for recidivism was still valid.
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| United States v. Martin, No. 05-13526 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 15, 2006, Decided , March 15, 2006, Filed
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Overview: Defendant's due process and Sixth Amendment claims failed where there was nothing to show that evidence challenged by defendant was materially false or unreliable, and even if portions of the court's sentencing determinations did rely on hearsay evidence, it was unclear the extent to which that evidence affected the sentence package as a whole.
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| United States v. McGill, No. 05-14565 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 15, 2006, Decided , March 15, 2006, Filed
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