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Federal Courts -
11th Circuit Court of Appeals - April 6, 2007
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Arango-Echeverri v. United States AG, No. 06-13698 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 6, 2007, Decided , April 6, 2007, Filed
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Overview: Since the Revolutionary Armed Forces of Colombia's actions did not rise to the level of persecution, a petition for review was denied because the alien failed to show past persecution, and the record did not compel the conclusion that there was a reasonable possibility that she personally would suffer persecution if she returned to Colombia.
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Azcarate v. United States AG, No. 06-14643 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 6, 2007, Decided , April 6, 2007, Filed
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Overview: Because the alien admitted he and his family had never been involved in politics, and it was plausible that the phone calls and attacks by the United Civil Defense Patrols of Colombia were aimed at shutting down his business that the Patrols believed were supplying guerrillas, the claim for asylum was properly denied.
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May v. Comm'r of SSA, No. 06-15867 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 6, 2007, Decided , April 6, 2007, Filed
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Overview: ALJ's decision to partially discredit claimant's subjective complaints of pain was supported by substantial evidence; symptoms were inconsistent with other evidence, such as claimant's self-reported daily activities, reports from psychologists who stated that claimant exaggerated her symptoms, and evidence that claimant's conditions had improved.
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Roberts v. Georgia, No. 06-14137 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 6, 2007, Decided , April 6, 2007, Filed
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Overview: A district court's dismissal of a former employee's Title VII, ADEA, and 42 U.S.C.S. § 1983 and 1985 claims as time-barred was affirmed because Georgia's renewal statute, O.C.G.A. § 9-6-61, did not save her claims; the employee's first complaint was void for purposes of the renewal statute.
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Rowe v. Jones, No. 06-12296,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 6, 2007, Decided , April 6, 2007, Filed
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Overview: A district court-approved plan that created a charitable trust fund to annually donate surpluses from a county jail inmate welfare fund to charity was terminable under the PLRA; because the court had directly and indirectly retained jurisdiction over the plan, the court's order functioned as a consent decree under 18 U.S.C.S. § 3626(g)(1), (g)(6).
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Sys. Unlimited, Inc. v. Cisco Sys., No. 06-12357 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 6, 2007, Decided , April 6, 2007, Filed
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Overview: In a breach of contract of a bill of sale case, a district court's entry of summary judgment in favor of a corporation was affirmed since there was no mention in the plain language of the contract obligating the corporation to transfer the actual software, and the bill of sale did not reference or incorporate any other agreement.
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Sys. Unlimited, Inc. v. Cisco Sys., Inc., No. 06-15014 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 6, 2007, Decided , April 6, 2007, Filed
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Overview: A district court's denial of a company's motion for attorneys' fees was affirmed because the bill of sale at issue in the litigation, which was not ambiguous, did not contain a provision for the loser to pay the winner's attorneys' fees, and the bill of sale did not incorporate a settlement agreement, which did have such a fee shifting provision.
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United States v. Escalante, No. 05-16366,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 6, 2007, Decided , April 6, 2007, Filed
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Overview: Both defendants' convictions on various drug charges were affirmed since, inter alia, the district court did not abuse its discretion when it permitted a DEA Special Agent to testify as an expert witness, and a defendant's life sentence was affirmed since it was not required that he know that the drug involved was cocaine.
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United States v. Hoa Quoc Ta, No. 06-12664,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 6, 2007, Decided , April 6, 2007, Filed
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Overview: Where defense counsel offered no alternatives to a mistrial, and the jury heard the judge and defense counsel engaged in a frustrated exchange over counsel's refusal to obey the judge's instructions on opening remarks, a mistrial was not an abuse of discretion and denial of a motion to dismiss the indictment on Double Jeopardy grounds was affirmed.
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