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| Grayden v. City of Orlando, No. 05-14960 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 20, 2006, Decided , March 20, 2006, Filed
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Overview: It was not an abuse of discretion to deny as untimely individuals' motion for attorneys' fees pursuant to 42 U.S.C.S. § 1988 in connection with litigating their first motion for attorneys' fees where they never supplemented the record with the hours spent working on the litigation of fees, despite having reserved their right to do so.
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| Paullin v. City of Loxley, No. 05-12245 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 20, 2006, Decided , March 20, 2006, Filed
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Overview: A sergeant was entitled to Fed. R. Civ. P. 56(c) summary judgment based on qualified immunity as to an arrestee's 42 U.S.C.S. § 1983 false arrest and malicious prosecution claims because the arrest was supported by arguable probable cause as a reasonable officer in this situation would have believed that there was probable cause for the arrest.
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| Speights v. Crosby, No. 04-16434 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 20, 2006, Decided , March 20, 2006, Filed
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| Tucker v. Talladega City Sch., No. 05-11562 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 20, 2006, Filed
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Overview: Because a superintendent's interlocutory appeal was merely evidentiary sufficiency dispute in that he argued that certain subordinate behavior by the employee was the justification for the employee's termination, the appellate court had no interlocutory appellate jurisdiction to decide whether the superintendent had qualified immunity under § 1983.
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| United States v. Abram, No. 05-11249 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 20, 2006, Filed
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Overview: Sufficient evidence supported bank robbery convictions and court was bound by jury's credibility determinations with respect to co-defendant's testimony against defendants; furthermore, co-defendant's testimony regarding defendant A's statements about defendant B's participation in other bank robberies fell under the co-conspirator exception.
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| United States v. Cambray, No. 04-16376 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 20, 2006, Decided , March 20, 2006, Filed
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Overview: Defendant's 228-month sentence for narcotics and weapons violations was remanded because the district court sentenced defendant under a mandatory guidelines system, and what sentence the district court would have imposed had it considered the guidelines advisory and had it properly considered the 18 U.S.C.S. § 3553(a) factors was unknowable.
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| United States v. Corriette, No. 05-11745 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 20, 2006, Decided , March 20, 2006, Filed
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Overview: The government's 21 U.S.C.S. § 851 notice was sufficient despite the use of one prior conviction's incorrect case number because the notice correctly listed the prior offense, its jurisdictional district, and the date of conviction and cited 21 U.S.C.S. § 841(b)(1)(A), which was sufficient to five notice that a life sentence was sought.
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| United States v. Gomez-Madrigal, No. 05-14281 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 20, 2006, Decided
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Overview: Defendant's 41-month sentence on his plea of guilty to violating 8 U.S.C.S. § 1326(a), (b) was affirmed because the district court did not err by relying on defendant's prior felony conviction to enhance his sentence, even though that conviction had not been alleged in the indictment.
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| United States v. Murillo-Moya, No. 05-12628 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 20, 2006, Decided , March 20, 2006, Filed
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Overview: Court upheld defendant's sentence for violating 46 U.S.C.S. app. § 1903(a), (g), and (j), 18 U.S.C.S. § 2, and 21 U.S.C.S. § 960(b)(1)(B)(ii); defendant did not offer evidence that he played lesser role in drug conspiracy than other crew members, and trial court could reasonably find that as drug courier, defendant played important role.
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