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   Federal Courts - 11th Circuit Court of Appeals - April 6 - April 7, 2006

  
Garrido v. United States AG, No. 04-15542, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 6, 2006, Decided
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Overview: Immigration judge's finding that alien was not entitled to asylum or withholding of removal was supported by substantial evidence; alien was not credible where she gave conflicting information about alleged incidents of persecution by guerilla group in Peru and documents could not be authenticated, nor did they appear to be authentic.

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United States v. Serna-Flores, No. 05-14632 Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 6, 2006, Decided
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Overview: District court did not err in considering defendant's two prior state convictions for purposes of sentencing defendant for violating 18 U.S.C.S. § 922(g)(5); defendant failed to show that state convictions were presumptively void because he did not offer documentation or testimony to show that his waivers of counsel on state convictions were void.

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United States v. Williams, No. 04-15128, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 6, 2006, Decided , April 6, 2006, Filed
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Overview: Because the court found the PROTECT Act pandering provision, 18 U.S.C.S. § 2252A(a)(3)(B), both substantially overbroad and vague, and therefore facially unconstitutional, the court reversed defendant's conviction under that section.

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White v. United States, No. 05-14470 Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 6, 2006, Decided
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Overview: District court erred in considering abandoned inmate's claim that 18 U.S.C.S. § 2252 was invalid due to lack of enactment clause when his 28 U.S.C.S. § 2255 motion was remanded for consideration on merits, as inmate had not intended to abandon claim, but error was harmless because federal law did not require statutes to contain enactment clauses.

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Alpha International v. General Foam Plastics (In re Empire of Carolina, Inc.), No. 05-11830, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 7, 2006, Decided , April 7, 2006, Filed
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Overview: Appeals court found no abuse of discretion in bankruptcy court order granting motion to intervene filed by third party who was substantial creditor of debtors as well as party to asset purchase agreement involving debtors' property despite objection of another party because Fed. R. Bankr. P. 7024(b) allowed permissive intervention under such facts.

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Price v. M & H Valve Co., No. 05-15205 Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 7, 2006, Decided , April 7, 2006, Filed
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Overview: Employee's claims of discriminatory failure to promote that were filed under Title VII were properly disposed of summary judgment because he did not file his EEOC charge until May 1, 2001, 184 days and more than 20 months after two Caucasian co-workers' promotions, and therefore the employee failed to timely exhaust his administrative remedies.

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United States v. Lyons, No. 05-15008 Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 7, 2006, Decided , April 7, 2006, Filed
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Overview: District court's application of two-level enhancement allowed by USSG § 3B1.1(c) to defendant's sentence based on finding that defendant had exercised leadership in commission of armed bank robbery was affirmed because defendant failed to show clear error and failed to show either that sentence was unreasonableness or that double-counting occurred.

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United States v. Roper, No. 05-12235 Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 7, 2006, Decided , April 7, 2006, Filed
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Overview: Defendant's sentences for the underlying drug offenses were enhanced under USSG § 3A1.2 because he shot at a police officer; his sentences were not enhanced because he possessed or brandished a firearm. Amendment 599 did not alter the applicable guideline range and provided no basis for reducing defendant's sentence under 18 U.S.C.S. § 3582.

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