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| Bismark v. Sec'y, Dep't of Corr., No. 05-13059 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 17, 2006, Decided , March 17, 2006, Filed
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Overview: District court properly dismissed 28 U.S.C.S. § 2254 petition as untimely where it was filed one day late. Although 28 U.S.C.S. § 2244(d) limitations period was tolled by filing of state habeas motion, it was not further tolled by inmate's attempt at direct appeal to Florida Supreme Court, as per curiam opinions were not appealable to that court.
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| Desrosiers v. United States AG, No. 05-14189 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 17, 2006, Decided , March 17, 2006, Filed
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Overview: Court denied alien's petition for review of decision denying her application for asylum and withholding of removal; adverse credibility determination was supported by substantial evidence where alien gave inconsistent answers as to when she joined opposition party and there was no evidence that her kidnapping was motivated by her political opinion.
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| Sanchez v. United States AG, No. 05-10309 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 17, 2006, Decided , March 17, 2006, Filed
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Overview: BIA properly denied motion to reopen after denial of application for asylum and withholding of removal; although attorney was suspended from practice when he represented alien, alien was not prejudiced, as he failed to show, as required by 8 U.S.C.S. § 1229a(c)(6)(B), that evidence not introduced by attorney would have changed outcome of case.
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| United States v. Jones, No. 05-14817 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 17, 2006, Decided , March 17, 2006, Filed
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Overview: Denial of defendant's request for continuance of sentencing hearing for purpose of obtaining testimony as to constitutionality of out-of-state conviction being used to enhance defendant's sentence under 21 U.S.C.S. § 851 did not constitute abuse of discretion, as defendant did not show that he could procure testimony or that it would favor him.
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| United States v. Brehm, No. 05-13426 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 17, 2006, Decided , March 17, 2006, Filed
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Overview: District court did not err in finding that it had no discretion to grant relief from statutory mandatory minimum sentence under 21 U.S.C.S. §§ 841(a)(1), 960(b)(1)(A); Booker did not render calculation of eligibility for 18 U.S.C.S. § 3553(f)(1) safety-valve relief advisory. Also, Fed. R. Crim. P. 11(d) motion to withdraw plea was properly denied.
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| United States v. Harris, No. 05-13722 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 17, 2006, Decided , March 17, 2006, Filed
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| United States v. Reeves, No. 05-10878 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 17, 2006, Decided , March 17, 2006, Filed
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Overview: Defendant's due process rights were not violated where he was sentenced under advisory application of U.S. Sentencing Guidelines to two 60-month prison terms for violating 18 U.S.C.S. §§ 371, 1029(b)(2), (2) when Guidelines were mandatory, as statutory maximum sentences in effect at time of crimes gave fair warning that sentences could be 15 years.
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| United States v. Stickel, No. 05-12832 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 17, 2006, Decided , March 17, 2006, Filed
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Overview: Because the record evidence established that defendants agreed to work together to sell cocaine base, and that one defendant voluntarily took actions to ensure the drug deal's success, the appellate court also concluded that sufficient evidence supported their conspiracy convictions.
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