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   Federal Courts - 7th Circuit Court of Appeals - January 31, 2006

  
Chen v. Northwestern Univ., No. 05-1744, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, January 31, 2006, Decided
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Davis v. Ben-Yisrayl, No. 03-3169, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, January 31, 2006, Decided
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Harden v. Kingston, No. 04-3520, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, January 31, 2006, Decided
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Overview: Inmate was not entitled to habeas relief under 28 U.S.C.S. § 2254 as he could not show his counsel was ineffective for failing to move to suppress an identification. Counsel's choice to argue to the jury, rather than the judge, that burglary victim's identification was unreliable fell did not fall below an objective standard of reasonableness.

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Ponomareva v. Gonzales, No. 03-2488, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, January 31, 2006, Decided
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Rising-Moore v. Red Roof Inns, Inc., No. 05-1976, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, January 31, 2006, Decided
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Overview: In a slip-and-fall case, the amount in controversy was sufficient for federal court jurisdiction under 28 U.S.C.S. § 1332 where the medical expenses and lost income alone totalled at least $45,000 and the injured party, a high income earner, also alleged permanent injuries, pain, suffering and future losses.

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United States v. Belk, No. 05-2711, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, January 31, 2006, Decided
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Overview: Defendant was properly sentenced to 51 months' imprisonment plus restitution for his mail fraud conviction under 18 U.S.C.S. § 1341 because district court properly applied Booker, preponderance of evidence demonstrated loss under USSG § 2B1.1(b) exceeded $ 40,000, and sentence fell within properly calculated range for such loss.

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