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   Federal Courts - 11th Circuit Court of Appeals - March 19, 2007

  
United States v. Hankerson, No. 06-13228 Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 19, 2007, Decided , March 19, 2007, Filed
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Overview: Because defendant was sentenced as a career offender under U.S. Sentencing Guidelines Manual § 4B1.1, U.S. Sentencing Guidelines Manual app. C, amend. 591 did not affect the guideline range under which he was sentenced, and 18 U.S.C.S. § 3582(c)(2) did not apply. Thus, district court properly denied his motion for a sentence reduction under § 3582.

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United States v. Shanez, No. 06-14919 Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 19, 2007, Decided , March 19, 2007, Filed
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Overview: Defendant's 12-month sentence for violating 18 U.S.C.S. § 1952(a)(3) was affirmed because the district court's deviation from the USSG was a variance, not a departure, that was made after the district court considered the 18 U.S.C.S. § 3553(a) factors, and Fed. R. Crim. P. 32(h) was inapplicable.

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United States v. Smith, No. 06-14077 Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 19, 2007, Decided , March 19, 2007, Filed
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Overview: Defendant's 294-month sentence for his violation of 18 U.S.C.S. §§ 922(g)(1) and 924(e) was affirmed since a preponderance of the evidence supported the district court's finding that he possessed the ammunition "in connection with" another felony offense, and the district court did not commit a Booker error.

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United States v. Spangler, No. 06-13881, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 19, 2007, Decided , March 19, 2007, Filed
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Overview: A district court's imposition of four terms of supervised release to run consecutively for defendant's violation of 26 U.S.C.S. § 7206(1) was vacated and remanded since the terms had to run concurrently, but the district court's order that defendant transfer a promissory to the government for part of the restitution was affirmed.

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Zlotnick v. Premier Sales Group, Inc., No. 06-13305 Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 19, 2007, Decided , March 19, 2007, Filed
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Overview: Seller did not violate Fla. Stat. § 718.502 or Florida Deceptive and Unfair Trade Practices Act by cancelling a buyer's condominium reservation agreement and offering a new agreement reflecting increased purchase price; cancellation was done in accordance with agreement's terms, and the agreement clearly stated that it was not a purchase contract.

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