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| Gomez v. Berge, No. 04-4051,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, January 12, 2006, Decided
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Overview: Denial of an inmate's petition for habeas relief was affirmed; by pleading no contest to the charges against him, the inmate waived his right to challenge any other alleged constitutional violations that preceded his plea. This included contesting the trial court's determination that he was not competent to represent himself at trial.
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| Freedom from Religion Found., Inc. v. Chao, No. 05-1130,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, January 13, 2006, Decided
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Overview: Vacating a district court decision, the appellate court ruled that taxpayers have Article III standing to challenge an executive-branch program, alleged to violate the Establishment Clause, that is financed by a congressional appropriation, even if the program was created entirely within the executive branch, as by Presidential executive order.
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| Gonzalez v. Gonzales, No. 04-1591,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, January 13, 2006, Decided
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Overview: Alien's claim that the fraudulent acts of a non-lawyer consultant he hired to assist him in an asylum proceeding constituted exceptional circumstances for reopening his asylum case under 8 U.S.C.S. § 1229a, failed because the alien could not show that he had been prejudiced when he failed to appear and a deportation order was entered in abstentia.
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| Stokes v. United States, No. 05-2256,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, January 13, 2006, Decided
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| United States v. Hudson, No. 04-2579,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, January 13, 2006, Decided
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| United States v. Jordan, No. 05-1296,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, January 13, 2006, Decided
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Overview: District court adequately explained why it imposed greatly enhanced 240-month sentence on defendant after he pleaded guilty to violating 18 U.S.C.S. §§ 2423(b), 2261A(1). The sentence was not unreasonable. It was sufficiently linked to appropriate 18 U.S.C.S. § 3553(a) sentencing factors. Offenses were severe, and defendant posed recidivism threat.
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| United States v. Ngo, No. 04-2662,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, January 13, 2006, Decided
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Overview: Defendant's sentence was affirmed after district court replied on limited Paladino remand that it would have imposed identical sentence under advisory USSG because district court's determination that it was appropriate to sentence defendant as career offender was reasonable, and defendant failed to offer any argument on subject.
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| United States v. Robinson, No. 05-2224,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, January 13, 2006, Decided
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Overview: Where, in overabundance of Sixth Amendment caution, district court refused to find that defendant fired gun while he illegally possessed it, district court erred as matter of law by failing to resolve disputed sentencing fact essential to properly calculated USSG range; thus, defendant's sentence was vacated and case remanded for resentencing.
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| Vangilder v. Baker, No. 05-1119,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, January 13, 2006, Decided
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Overview: District court erred when it applied the Heck doctrine and granted summary judgment to police officer in an arrestee's § 1983 suit. The Heck doctrine did not apply because arrestee's related criminal conviction would not be undermined even if he prevailed on his excessive force claim, which arose from the officer's post-arrest conduct at hospital.
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