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| Bryant v. Witkowski, No. 05-15867 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 10, 2006, Decided , April 10, 2006, Filed
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Overview: Police officers' motion for summary judgment in arrestee's U.S. Const. amend. IV excessive force suit was properly denied; there existed genuine issues of material fact as to whether arrestee actively and physically resisted officers' attempts to book her and thus whether officers acted reasonably under the circumstances in "taking her down."
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| Slater v. United States, No. 05-12372 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 10, 2006, Decided , April 10, 2006, Filed
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Overview: Medical malpractice claim brought by a former U.S. Army soldier under the Federal Tort Claims Act, 28 U.S.C.S. § 1346, was properly dismissed for failure to exhaust administrative remedies because the soldier filed an administrative claim regarding service-related benefits, not an administrative tort claim, as required under 28 U.S.C.S. § 2675(a).
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| United States v. Rogers, No. 05-14633 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 10, 2006, Decided , April 10, 2006, Filed
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Overview: Sentence of defendant, who defrauded a trust for which he was guardian, was upheld because a two-level vulnerable victim enhancement under USSG § 3A1.1(b)(1) (1998) was properly applied. Application of that enhancement in conjunction with a two-level enhancement for abuse of trust under USSG § 3B1.3 was not impermissible double counting.
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| United States v. Walden, No. 04-12457, No. 04-12695,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 10, 2006, Decided
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Overview: As to four defendants' convictions on charges related to a conspiracy and attempt to import cocaine, there was sufficient evidence to support the jury's verdicts. The trial court did not commit reversible error by limiting cross-examination or by permitting the use of a Bruton-redacted statement, but two sentences were remanded due to Booker error.
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| United States v. Wilson, No. 05-13964 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 10, 2006, Decided , April 10, 2006, Filed
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Overview: Motion for judgment of acquittal on 18 U.S.C.S. § 924(a)(1)(A) charges was properly denied because overwhelming evidence showed that defendant purchased firearms for resale while falsely claiming to be the actual buyer on ATF Form 4473, which was not unconstitutionally vague in defining actual buyer as one who acquired them for himself or a gift.
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| Bush v. Wash. Mut. Bank, F.A., No. 05-14907 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 11, 2006, Decided , April 11, 2006, Filed
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Overview: A district court's dismissal of an individual's complaint against a bankruptcy court judge alleging racketeering, fraud, and civil rights violations was affirmed because the judge was entitled to judicial immunity.
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| Coloma v. Holder, No. 05-13728 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 11, 2006, Filed
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Overview: A district court's denial of a pro se federal inmate's 28 U.S.C.S. § 2241 petition was affirmed because his concurrent sentence for a second offense did not run from the beginning of his first sentence since the second sentence d not start until it was pronounced by the court. The BOP's construction of defendant's 188-month sentence was proper.
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| United States v. Aurelien, No. 05-15414,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 11, 2006, Decided , April 11, 2006, Filed
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Overview: A district court properly enhanced defendant's base offense level under U.S. Sentencing Guidelines Manual § 2L1.2(b)(1)(C) based on a prior state felony conviction for possession of cocaine where the appellate court previously held that a state felony conviction for possession of cocaine qualified as an aggravated felony under § 2L1.2(b)(1)(C).
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