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   Federal Courts - 7th Circuit Court of Appeals - January 24, 2006

  
Harrison v. McBride, No. 04-1398, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, January 24, 2006, Decided
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Heard v. Sheahan, No. 04-3162, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, January 24, 2006, Decided
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Jolly Group, Ltd. v. Medline Indus., Inc., Nos. 05-2021 & 05-2115, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, January 24, 2006, Decided
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Overview: District court did not abuse its discretion when it imposed monetary sanctions on attorney under 28 U.S.C.S. § 1927. The district court was not limited to facts stated in sanction motion when determining whether or not to impose sanctions. Record supported district court's finding that reconsideration motion vexatiously multiplied the litigation.

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Medellin-Reyes v. Gonzales, No. 05-3031, No. 05-4438, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, January 24, 2006, Decided
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Overview: Court dismissed alien's § 2241 petition that had been transferred to the court for review under Real ID Act of 2005 because § 242(d)(1) of INA permitted petition for review only after BIA had rendered decision, but alien never sought review by BIA, and nothing in Real ID Act or § 242 of INA authorized it to review IJ's decisions.

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Rogers v. United States, No. 04-4034, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, January 24, 2006, Decided
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Shtaro v. Gonzales, No. 04-4201, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, January 24, 2006, Decided
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Overview: Decision denying asylum based on a finding that the alien's testimony was not credible was not supported by substantial evidence because the Immigration Judge failed to point to any basis in the record for his skepticism about the alien's story that she was beaten and raped after she refused to participate in election fraud.

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United States v. Lewis, No. 04-4171, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, January 24, 2006, Decided
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Overview: Defendant was properly sentenced to 87 months' imprisonment on a guilty plea to attempting to possess and distribute cocaine in violation of 21 U.S.C.S. §§ 846 and 841(a)(1); reliable evidence supported a finding that defendant was responsible for more than the stipulated amount of drugs, and the 18 U.S.C.S. § 3553(a) factors were considered.

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Van Patten v. Deppisch, No. 04-1276, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, January 24, 2006, Decided
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Overview: Where an inmate accepted a no contest plea to a first degree reckless homicide charge, but was represented by counsel only over a speakerphone at the plea hearing, the counsel's lack of physical presence at the plea hearing was a structural defect that pervaded the entire proceeding and violated the inmate's Sixth Amendment right to counsel.

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