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   Federal Courts - 11th Circuit Court of Appeals - April 16, 2007

  
Betancur-Rico v. United States AG, No. 06-13347 Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 16, 2007, Decided , April 16, 2007, Filed
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Overview: A petition for review was denied since an alien had not exhausted his administrative remedies as to his asylum claim, and, inter alia, substantial evidence supported the IJ's denial of withholding of removal because the alien presented no specific evidence showing that his refusal to pay a war tax related to a protected ground.

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Gondrella v. Mainor, No. 06-11445 Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 16, 2007, Decided , April 16, 2007, Filed
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Overview: In appellant's suit to recover damages she sustained when appellee rear-ended her car, court declined to override jury's verdict, which hinged on credibility of parties' testimony as to cause of accident, and because there was evidence that appellant challenged appellee to race, her claims failed under Alabama's contributory negligence doctrine.

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Interboro Packaging Corp. v. Fulton County Schs., No. 06-15796 Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 16, 2007, Decided , April 16, 2007, Filed
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Melo-Saganome v. United States AG, No. 06-11632, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 16, 2007, Decided , April 16, 2007, Filed
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Overview: Petitioner did not show that adverse credibility finding was not supported by specific cogent reasons or was not based on substantial evidence; petitioner presented evidence to corroborate claims, but he gave different accounts of what happened on date of major incident in corroborating documents he submitted, as well as during testimony in court.

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Peters v. Astrue, No. 06-15958 Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 16, 2007, Decided
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Overview: ALJ had good cause to discount disability benefits claimant's treating physicians' opinions due to discrepancies between their disability evaluations and treatment notes. ALJ properly required objective medical evidence of fibromyalgia as each physicians' opinion differed and diagnosis was inconsistent with claimant's description of her activities.

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Snow v. Sec'y for the Dep't of Corr., No. 06-12036 Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 16, 2007, Decided , April 16, 2007, Filed
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Overview: A district court's denial of a pro se state inmate's 28 U.S.C.S. § 2254 petition was affirmed because counsel did not render ineffective assistance by failing to inform the inmate that he could be convicted of second-degree murder, a lesser-included offense of the first-degree murder charge, and face a sentence ranging from 20 to 34 years.

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United States v. Aguilar, No. 06-14818 Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 16, 2007, Decided , April 16, 2007, Filed
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Overview: Defendant convicted of three charges related to conspiracy to distribute methamphetamine, including a firearms charge under 18 U.S.C.S. § 924(c), was properly sentenced to a total of 248 months in prison despite his lack of a prior adult criminal record because he admitted to having the guns and had enlisted a juvenile to help him sell the drugs.

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United States v. Cabble, No. 06-15059 Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 16, 2007, Decided , April 16, 2007, Filed
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United States v. Dukharan, No. 06-12516 Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 16, 2007, Decided , April 16, 2007, Filed
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Overview: A district court's denial of defendant's motion for reconsideration after ruling on the government's Fed. R. Crim. P. 35(b) motion was affirmed because the district court did not abuse its discretion; she requested and received an initial hearing on the Rule 35(b) motion to, inter alia, address the issues regarding her allegedly false statements.

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United States v. Torres, No. 06-12037 Non-Argument Calendar, UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, April 16, 2007, Decided , April 16, 2007, Filed
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