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   Federal Courts - 11th Circuit Court of Appeals - April 10, 2007

  
United States v. Kritzer, No. 06-13977 Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 10, 2007, Decided , April 10, 2007, Filed
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Overview: Because defendant's counsel knowingly withdrew his objection to calculation of drug quantity pursuant to defendant's plea to conspiracy to possess with intent to distribute cocaine base under 21 U.S.C.S. § 841(b), any error as to the calculation of drug quantity under U.S. Sentencing Guidelines Manual § 2D1.1(c) was invited and waived on appeal.

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United States v. Lewis, No. 06-16423 Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 10, 2007, Decided , April 10, 2007, Filed
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Overview: Defendant's 18-month sentence, after her guilty plea to 13 violations of 26 U.S.C.S. § 7206(2, was affirmed since she failed to show that the sentence was unreasonable; the sentence was at the low end of the advisory U.S. Sentencing Guidelines range, and the district court clearly considered several 18 U.S.C.S. § 3553(a) factors.

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United States v. Smith, No. 06-14641 Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 10, 2007, Decided , April 10, 2007, Filed
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Overview: Defendant failed to show that his 168-month sentence for attempted bank robbery under 18 U.S.C.S. § 2113(a) was unreasonable because district court stated that it considered mitigating information and the factors of 18 U.S.C.S. § 3553(a) but gave a midrange sentence based on extensive criminal record and defendant's need for structured environment.

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Usmani v. United States AG, No. 06-13843, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 10, 2007, Decided , April 10, 2007, Filed
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Overview: In a matter of first impression in the United States Eleventh Circuit, a petition for review was denied because, under the plain language of INA § 245(i), 8 U.S.C.S. § 1255(i), the Attorney General had discretion to deny a petition for an adjustment of status once the alien was statutorily eligible for adjustment of status.

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