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   Federal Courts - 6th Circuit Court of Appeals - March 12, 2007

  
Likas v. Life Ins. Co. of N. Am., No. 06-5124, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 12, 2007, Filed
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Overview: A beneficiary failed to provide sufficient evidence of bias--or any procedural irregularity--to justify prehearing discovery as he supported his claim with conjecture. A mere allegation of bias was insufficient to throw open the doors of discovery in an action under the Employee Retirement Income Security Act, 29 U.S.C.S. § 1001 et seq.

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Locaj v. Gonzales, No. 05-3084, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 12, 2007, Filed
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Overview: Denial of asylum was proper because the culture of blood feud in Albania was wholly independent of political activity and the alien failed to allege that the family that sought revenge for the murder of a family member by the alien's father acted in an official capacity, or with the consent or acquiescence of a public official.

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Patterson v. Caruso, No. 05-2192, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 12, 2007, Filed
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Overview: A state inmate was properly denied habeas corpus relief as a jury instruction, that he did not have to be found guilty of the lesser included offense of intentionally pointing a firearm without malice in order to be guilty of felony-firearm, pursuant to Mich. Comp. Laws §§ 750.233, 750.227b, was not of constitutional significance and was correct.

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Shkreli v. Gonzales, No. 05-4633, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 12, 2007, Filed
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Overview: Alien's claim for asylum was properly denied because a reasonable factfinder would not be compelled to make a finding of past persecution based on the inability of the alien's parents to obtain necessary medical attention for him when he fell ill as a baby, or their inability to arrange suitable schooling for him.

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Taghzout v. Gonzales, Nos. 05-3667 and 05-4335, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 12, 2007, Filed
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Overview: Denial of asylum was proper because even if the alien could show that she was a member of a particular social group that could receive protection, she did not establish by her testimony that she could suffer future persecution by her family--in particular, her uncle, or the government if she was returned to Morocco.

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United States v. Mack, No. 05-3142, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 12, 2007, Filed
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Overview: Defendant's appeal was dismissed because district court informed defendant that he was precluded from appealing his sentence on a constitutional basis, and that any right to appeal was in very limited. Defendant, through his counsel, indicated that he had reviewed the plea agreement, had no questions and understood the terms of the agreement.

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United States v. Rennick, No. 06-3186, UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT, March 12, 2007, Filed
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Overview: Appellate court rejected defendant's claims that he lacked capacity to enter voluntary and knowing plea because he was suffering from post-traumatic stress disorder. The court found that the district court had fully complied with Fed. R. Crim. P. 11 when it questioned defendant about whether he had been receiving treatment for the mental disorder.

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