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   Federal Courts - 5th Circuit Court of Appeals - February 26, 2007

  
Abraham v. Singh, No. 05-30860, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 26, 2007, Filed
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Overview: Foreign laborers sufficiently pleaded continuing racketeering activity under RICO when they alleged that a corporation and employee engaged in two year scheme involving repeated international travel to convince laborers to borrow thousands of dollars to travel to the U.S. only to find that promised jobs were not available and conditions were poor.

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Agnew v. United States, No. 06-10838 Summary Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 26, 2007, Filed
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Barrow v. Greenville Indep. Sch. Dist., No. 05-11151, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 26, 2007, Filed
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Overview: A district court's grant of summary judgment in favor of a school district in regards to a teacher's § 1983 claim and Title VII claim was affirmed because, in regards to the §1983 claim, the superintendent was not the policymaker, and, in regards to the Title VII claim, the teacher failed satisfy her initial burden for her disparate impact claim.

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Getachew v. Gonzales, No. 06-60511 Summary Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 26, 2007, Filed
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Overview: Alien's petition for review of BIA's decision affirming denial of her application for asylum, withholding of removal, and relief under CAT was denied; alien failed to address Board's reasons for finding alien ineligible for asylum, withholding of removal, and relief under CAT, and thus, the alien was deemed to have waived review of those issues.

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Hampton v. Oktibbeha County Sheriff Dep't, No. 06-60223, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 26, 2007, Filed
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Overview: In a § 1983 case, a district court's denial of qualified immunity to two deputies was reversed since they were not liable for a third deputy's procurement of an arrest warrant, and the district court's denial of qualified immunity to a sheriff was reversed because the sheriff was not vicariously liable for the third deputy's actions.

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Roach v. Quarterman, m 05-70051, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 26, 2007, Filed
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Overview: Prisoner was denied COA under 28 U.S.C.S. § 2253, which he needed to appeal district court's denial of habeas relief from his conviction for capital murder and death sentence, because no reasonable jurists could debate findings that jurors considered all the evidence and that clemency procedures did not violate the Eighth or Fourteenth Amendments.

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Roberts v. Casterline, No. 05-31109 Summary Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 26, 2007, Filed
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United States v. Bazan, No. 04-40399 Summary Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 26, 2007, Filed
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Overview: Following remand from the United States Supreme Court, an appellate court reinstated its judgment affirming defendant's conviction and sentence because, even though the district court erred when it sentenced defendant pursuant to the mandatory USSG system, defendant did not show that the error affected his substantial rights.

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United States v. Johnson, No. 06-10034 Summary Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 26, 2007, Filed
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Overview: Defendant's guilty plea conviction for violating 21 U.S.C.S. § 841(a)(1) and (b)(1)(A) and 18 U.S.C.S. § 924(c) was affirmed as, inter alia, the district court did not err in denying his motion to withdraw his guilty plea because of his depression, and the district court did not abuse its discretion to exclude defendant's expert witness testimony.

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United States v. Meredith, No. 05-31071, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 26, 2007, Filed
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Overview: Under the Fourth Amendment, a police officer needed no reasonable suspicion to open the door of a lawfully stopped car and visually inspect defendant, a passenger who claimed to be a paraplegic and unable to comply with the command to exit; a revolver removed from defendant's pants after he was frisked inside the car was not suppressed as evidence.

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