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   Federal Courts - 11th Circuit Court of Appeals - March 21, 2007

  
Action Marine, Inc. v. Cont'l Carbon, Inc., No. 06-11311, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 21, 2007, Decided , March 21, 2007, Filed
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Overview: A jury properly found that a corporation that manufactured carbon black and permitted its smokestacks to spew an oily substance onto adjacent properties over a course of years with notice but without effectively remedying the problem evinced a specific intent to cause harm, overcoming the punitive damage cap in O.C.G.A. § 51-12-5.1(f), (g) (2000).

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In re Clerici, No. 06-11141, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 21, 2007, Decided , March 21, 2007, Filed
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Overview: A district court's denial of a Panamanian citizen's motion for reconsideration of an order granting the government's 28 U.S.C.S. § 1782 motion was affirmed since the district court had the authority to grant the motion as the four statutory requirements were met, and the district court did not abuse its discretion in granting the discovery request.

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Isaac v. IMRG, No. 06-15127 Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 21, 2007, Decided , March 21, 2007, Filed
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Overview: A district court's entry of summary judgment in favor of an employer was affirmed since the employee did not have standing to bring her Title VII and state tort claims because the only party with standing to bring those claims was the trustee of the employee's bankruptcy estate.

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United States v. Delgado-Mina, No. 06-11902 Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 21, 2007, Decided , March 21, 2007, Filed
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Overview: Defendant's 135-month sentence for violating 46 U.S.C.S. app. § 1903(a), (g), and (j) (current versions at 46 U.S.C.S. §§ 70503(a) and 70506) and 21 U.S.C.S. § 960(b)(1)(B)(ii) was affirmed because his sentence was reasonable, and he waived his challenge to the denial of a U.S. Sentencing Guidelines Manual § 3B1.2. mitigating-role reduction.

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United States v. Hernandez, No. 06-11508 Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 21, 2007, Decided , March 21, 2007, Filed
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Overview: Defendant's conviction and 60-month sentence for violating 21 U.S.C.S. § 846 was affirmed because the district court judge did not violate the protection against double jeopardy when the judge asked the jury to consider if its verdict form was complete.

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United States v. Rabelo, No. 06-15204 Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 21, 2007, Decided , March 21, 2007, Filed
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United States v. Roldan-Samudio, No. 06-14925 Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 21, 2007, Decided , March 21, 2007, Filed
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Overview: District court did not commit clear error when it denied defendant's request under USSG § 3B1.2 for a downward adjustment in his sentences for possessing and conspiring to possess cocaine while on board a vessel subject to U.S. jurisdiction because defendant did not meet his burden of showing that he was less culpable than most of his codefendants.

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United States v. Stephens, No. 06-14713 Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 21, 2007, Decided , March 21, 2007, Filed
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United States v. Torres-Malara, No. 06-14585 Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 21, 2007, Decided , March 21, 2007, Filed
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Williams v. Florida, No. 06-13393 Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 21, 2007, Decided , March 21, 2007, Filed
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Overview: State prisoner's habeas petition was properly barred by the one year limitations period of 28 U.S.C.S. § 2244(d)(2) because petition did not challenge resentencing and only challenged original conviction so that time ran from date of original judgment, not from time of affirmance of resentencing, and prisoner showed no basis for equitable tolling.

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