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| De Castro v. United States AG, No. 06-13498 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 22, 2007, Decided , March 22, 2007, Filed
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Overview: While the alien pointed to threatening phone calls, yelled insults, and one physical confrontation with the Revolutionary Armed Forces of Colombia where he was struck on the knee with a gun, those incidents, viewed individually or together, did not constitute past persecution for asylum under 8 U.S.C.S. §§ 1101(a)(42)(A), (B), 1158(b)(1).
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| Hough v. O'Neal, No. 06-11969 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 22, 2007, Decided , March 22, 2007, Filed
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Overview: District court lacked diversity jurisdiction and did not abuse discretion in declining to entertain malpractice claims under its supplemental 28 U.S.C.S. § 1367 jurisdiction, as it concluded that malpractice claims did not stem from same common nucleus of operative fact as 28 U.S.C.S. § 1983 claim, which had been dismissed.
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| United States v. Bazadoni-Loa, No. 06-13480 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 22, 2007, Decided , March 22, 2007, Filed
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Overview: Defendant's 27-month sentence for violating 8 U.S.C.S. § 1326(a) and (b)(2) was affirmed because it was not cruel and unusual punishment and it was not unreasonable; the district court considered the 18 U.S.C.S. § 3553(a) factors and correctly determined the USSG sentencing range, and defendant was sentenced within that range.
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| United States v. Felder, No. 06-12911 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 22, 2007, Decided , March 22, 2007, Filed
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Overview: A district court's denial of a pro se inmate's post-conviction motion to dismiss the indictment was affirmed because the district court lacked jurisdiction to consider it as the inmate's case was not pending within the meaning of Fed. R. Crim. P. 12(b)(3)(B).
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| United States v. Jackson, No. 06-13329 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 22, 2007, Decided , March 22, 2007, Filed
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Overview: Defendant's 60-month sentence following revocation of his supervised release was affirmed because, while the sentence exceeded the advisory range of three to nine months' imprisonment, the district court had given defendant a second chance to comply with the terms of his supervised release, which defendant failed to do.
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| United States v. Mena-Hidalgo, No. 06-13890 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 22, 2007, Decided , March 22, 2007, Filed
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Overview: Defendant's 204-month sentence for 46 U.S.C.S. app. § 1903(a), (g), and (j) (current versions at 46 U.S.C.S. §§ 70503(a) and 70506), 21 U.S.C.S. § 960(b)(1)(B)(ii), and 18 U.S.C.S. § 2 was affirmed because he was not entitled to a U.S. Sentencing Guidelines Manual § 3B1.2(b) minor-role reduction, and the sentence was reasonable.
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| United States v. Rios-Alvino, No. 06-14519 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 22, 2007, Decided , March 22, 2007, Filed
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Overview: Defendant did not show 51-month sentence for violation of 8 U.S.C.S. § 1326(a) was unreasonable, as court indicated it considered correctly calculated advisory guidelines range and 18 U.S.C.S. § 3553(a) factors; court listened to arguments in mitigation and for sentence at low end of range and was not required to address each argument on record.
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| United States v. Trammell, No. 05-16641 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 22, 2007, Decided , March 22, 2007, Filed
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Overview: Application of the sentencing enhancement, U.S. Sentencing Guidelines Manual § 2D1.1(b)(1), was affirmed, as defendant did not present any facts that could have undermined the district court's finding that a preponderance of the evidence supported the enhancement, a factual finding that had to be accepted unless clearly erroneous.
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