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| Bolton v. United States, No. 06-14207 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 27, 2007, Decided , March 27, 2007, Filed
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Overview: The denial of a pro se inmate's 28 U.S.C.S. § 2255 motion alleging ineffective assistance of counsel was vacated, and the case was remanded since an evidentiary hearing was required because the affidavits submitted by trial counsel and the inmate was in conflict as to whether the inmate had timely instructed counsel to file a notice of appeal.
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| Cortes-Cardona v. United States AG, No. 06-14983 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 27, 2007, Decided , March 27, 2007, Filed
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Overview: A petition for review was denied as to the BIA's July 14, 2006 denial of the aliens' motion to reconsider, because the aliens did not meaningfully challenge the BIA's decision, so they abandoned the only issue properly before the appellate court; the remainder of the petition was dismissed for lack of jurisdiction.
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| Dian Chun Jiang v. United States AG, No. 06-14656 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 27, 2007, Decided , March 27, 2007, Filed
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Overview: Substantial evidence supported denial of alien's asylum application where alien's testimony at asylum hearing was inconsistent with answers that alien provided during his credible fear interview upon arriving in the U.S., and the inconsistencies concerned the core details of alien's claim that he was persecuted in China for practicing Falun Gong.
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| Pioneer Military Lending of Ga., Inc. v. McCollum, No. 06-12162,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 27, 2007, Decided , March 27, 2007, Filed
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| Rodrique v. Eckerd Corp. , No. 06-13126, No. 06-13129,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 27, 2007, Decided , March 27, 2007, Filed
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Overview: In a case brought under the FSLA, the decisions by a district court, including denial of the employees' motion for leave to file for partial summary judgment, were affirmed because the procedural history, including the partial settlement of the fluctuating workweek method of compensation issue, precluded any relief at the present juncture.
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| Sarmiento v. United States AG, No. 06-14332,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 27, 2007, Decided
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Overview: That part of the aliens' petition addressing their asylum claim was dismissed because the appellate court lacked jurisdiction to review the determination that the application was untimely; the petition was denied as to the withholding of removal claim since the husband's harassment was motivated by his economic and business interests.
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| Simpson v. Carolina Builders Corp., No. 06-13923,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 27, 2007, Decided , March 27, 2007, Filed
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Overview: An interlocutory appeal as to whether an individual had a right to recover under quantum meruit was dismissed because it had been improvidently granted; the appeal did not meet the 28 U.S.C.S. § 1292(b) standard. The law of Georgia regarding quantum meruit was clear--it was the application of this law to the facts that was disputed in the case.
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| United States v. Lindsey, No. 05-11273,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 27, 2007, Decided , March 27, 2007, Filed
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Overview: Police had reasonable suspicion under the Fourth Amendment to stop defendant, one of four black men an anonymous tipster had seen loading weapons into a car near a bank, because they were investigating a string of similar robberies by men matching the same description; probable cause to arrest arose after police found a gun inside the car.
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| United States v. Middlebrook, No. 06-12213 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 27, 2007, Decided
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Overview: Defendant's offense level for his armed bank robbery conviction was properly adjusted upwards under U.S. Sentencing Guidelines Manual § 3B1.1 because defendant played a managing role by recruiting one participant, by attending planning meetings, and by directing the activity within the bank during the robbery.
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