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| Pettus v. Astrue, No. 06-15667 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 5, 2007, Decided , April 5, 2007, Filed
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Overview: Applicant for Social Security disability benefits based on mental retardation was properly denied Social Security disability benefits under 42 U.S.C.S. § 405(g) because substantial evidence supported an ALJ's finding that she lacked the required deficits in adaptive functioning necessary to satisfy 20 C.F.R. pt. 404, subpt. P, app. 1, § 12.05(C).
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| Powell v. W&W Hauling, Inc., No. 06-12531 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 5, 2007, Decided , April 5, 2007, Filed
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Overview: In an action to recover for injuries sustained by plaintiff's son in an accident, resolution of Batson challenges was not clearly erroneous because plaintiff did not make a prima facie case of purposeful discrimination for two peremptory strikes of African American jurors and defendants provided a race-neutral reason for a third peremptory strike.
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| Ray v. Equifax Info. Servs., LLC, No. 06-11644 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 5, 2007, Decided , April 5, 2007, Filed
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Overview: In a case alleging violations of, inter alia, the FCRA, a district court's entry of summary judgment was vacated, and the case was remanded because the debtor was not provided with the notice required under Fed. R. Civ. P. 56(c); the debtor was an inmate and no one disputed the fact that he could not access the court's website from prison.
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| Tucker v. Hous. Auth., No. 06-14441 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 5, 2007, Decided , April 5, 2007, Filed
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Overview: Where questioning at the employee's rehire interview was hostile as to his Title VII discrimination lawsuit and the department's director could not explain how the reorganization that resulted in the employee losing his job due to lack of seniority saved the department money, denying a renewed motion for judgment as a matter of law was affirmed.
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| United States v. George, No. 06-14762 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 5, 2007, Decided , April 5, 2007, Filed
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Overview: Defendant's 70-month sentence for violating 18 U.S.C.S. § 922(j) was affirmed as he was not entitled to a minimal or minor role reduction, the district court correctly applied U.S. Sentencing Guidelines Manual § 2K1.2(a)(4)(B), and it did not engage in double counting as his offense level arose under U.S. Sentencing Guidelines Manual § 2K1.2(a)(4).
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| United States v. Juarez-Medellin, No. 06-15041 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 5, 2007, Decided , April 5, 2007, Filed
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Overview: Defendant's 41-month sentence for violating 8 U.S.C.S. § 1326(a) and (b)(2) was affirmed because it did not exceed the length needed to satisfy the purposes of sentencing set forth in 18 U.S.C.S. § 3553(a), and the district court complied with 18 U.S.C.S. § 3553(c) by adequately stating the reasons for imposition of the sentence.
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| United States v. Smith, No. 05-11410 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 5, 2007, Decided , April 5, 2007, Filed
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Overview: U.S. Sentencing Guidelines Manual app. C, amend. 599 (2000), did not require reduction to defendant's sentence because district court imposed five-level weapons enhancement on a group of charges consisting solely of a conspiracy count and conspiracy offense was independent of offenses forming basis of weapons convictions under 18 U.S.C.S. § 924(c).
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| Velasquez-Funez v. United States AG, No. 06-15138 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 5, 2007, Decided , April 5, 2007, Filed
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Overview: A petition for review was denied because the aliens' argument failed that one alien, a former Honduran police officer, was a member of a social group on account of which they both had been persecuted and would again be persecuted if returned to Honduras; the aliens were not entitled to asylum or withholding of removal.
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