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| Bogan v. Thompson, No. 04-13175,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 16, 2006, Decided , March 16, 2006, Filed
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Overview: Although petitioner's claim that counsel was ineffective for failing to move to sever the receipt of stolen property count from the others was exhausted, to the extent that petitioner argued that a severance should have been sought on venue grounds, that claim was not fairly presented to the state courts, and was procedurally barred.
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| Bohorquez v. United States AG, No. 05-13002 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 16, 2006, Decided , March 16, 2006, Filed
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Overview: A petition for review was denied because substantial evidence supported the IJ's adverse credibility determination and the IJ's finding that one alien had not suffered past persecution on account of a protected ground. Since the asylum claims failed, the claims for withholding of removal failed.
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| Chan Jun Yu v. United States AG, No. 05-14190,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 16, 2006, Decided , March 16, 2006, Filed
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Overview: Where substantial evidence supported the determination that the alien failed to demonstrate eligibility for Convention Against Torture protection because she introduced no proof that she would have faced torture if returned to China, the court agreed with the Board of Immigration Appeals' determination that the alien was not entitled to relief.
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| Hammons v. George C. Wallace State Cmty. College, No. 05-14962,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 16, 2006, Decided , March 16, 2006, Filed
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Overview: Even assuming plaintiff established a prima facie case of discrimination or retaliation, summary judgment for defendants was still appropriate because she did not rebut the proffered nondiscriminatory reason for the employer's decision to place her on administrative leave and not to renew her employment contract (poor performance).
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| Restrepo v. United States AG, No. 05-15100 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 16, 2006, Decided , March 16, 2006, Filed
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Overview: A petition for review was denied because the court lacked jurisdiction over the claim that the IJ erred in finding that an asylum application was untimely and the BIA and IJ's conclusion that the alien failed to satisfy his burden for withholding of removal was supported by substantial evidence.
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| United States v. Hill, No. 05-11920 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 16, 2006, Decided , March 16, 2006, Filed
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Overview: Because the district court correctly calculated the guidelines range, treated the range as advisory, took into account sentencing factors listed in 18 U.S.C.S. § 3553(a), and imposed a sentence below the advisory sentencing range and substantially below the statutory maximum, defendant's 240-month sentence was reasonable.
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| United States v. Louben, No. 05-14120,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 16, 2006, Decided , March 16, 2006, Filed
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| United States v. Pugh, No. 05-10677,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 16, 2006, Decided , March 16, 2006, Filed
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Overview: Defendant's sentence of 120 months was reasonable where the court treated the U.S.S.G. as advisory and imposed a sentence of 120 months, a sentence that was both within the guideline range and the maximum that the law allowed, and defendant's counsel did not object to the court's failure to consider the sentencing purposes of 18 U.S.C.S. § 3553(a).
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| United States v. Valdez, No. 05-14180 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 16, 2006, Decided , March 16, 2006, Filed
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Overview: Where defendant was one of five crew members on a boat transporting approximately 2,627 kilograms of cocaine, and where all members of the crew discarded numerous bales of cocaine when encountered by the U.S. Coast Guard, defendant played a role similar to others and denial of a minor-role reduction was proper.
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