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| Daniels v. Knight, No. 05-2620,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, February 5, 2007, Decided
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Overview: Inmate's habeas corpus petition under 28 U.S.C.S. § 2254 was properly denied because all but one of his ineffective assistance claims were waived, and thereby procedurally defaulted, and the remaining claim was properly rejected by the state court in a decision that reasonably applied the Strickland standard to find no ineffective assistance.
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| Moran Foods v. Mid-Atlantic Market Development Co., LLC, Nos. 05-3656, 05-3735,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, February 5, 2007, Decided
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Overview: A franchisor infringed no right that a female franchise owner had under the anti discrimination provisions of the Equal Credit Opportunity Act because she was not a credit applicant and, even if she was, she did not show that the franchisor's requirement that she guarantee the franchise's debt along with her husband was discrimination.
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| Schindler v. Joseph C. Seiler & Synthes Spine Co., L.P., No. 06-2299,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, February 5, 2007, Decided
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Overview: The grant of summary judgment to an individual and the individual's employer on a doctor's defamation claim was affirmed because the district court properly excluded evidence as inadmissible hearsay; the doctor failed to present testimony from any individual who personally heard defendant individual make the defamatory statements.
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| United States v. Buckner, Nos. 05-4250, 05-4552 & 05-4567,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, February 5, 2007, Decided
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Overview: Three defendants who pleaded guilty to drug charges under either 21 U.S.C.S. §§ 841(a)(1) or 844(a) had no nonfrivolous basis for appeal; the first defendant's sentence was reasonable, the second defendant was properly sentenced as a career offender under U.S.S.G. § 4B1.1(a), and the third defendant's criminal history category was appropriate.
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| United States v. Cortez-Cruz, No. 06-2063,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, February 5, 2007, Decided
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Overview: Because it was highly unlikely that setting aside defendant's guilty plea and allowing him to start over would result in a lower sentence, indeed, he risked a longer sentence because he would lose the three-level reduction for acceptance of responsibility, among other reasons, counsel's motion to withdraw was granted.
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| United States v. Horne, No. 05-4049,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, February 5, 2007, Decided
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Overview: Defendant's conviction and sentence were upheld because the government had no need to argue that defendant had several victims rather than one, that they traveled from other states, and that they carried their money across state lines, because the use of the internet satisfied the interstate commerce requirement in 18 U.S.C.S. § 1951(a).
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| United States v. Ladd, No. 06-1009,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, February 5, 2007, Decided
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Overview: Defendant's sufficiency of the evidence that he possessed the crack and firearm, was frivolous because defendant, a felon, was caught red-handed reaching for a hidden compartment that contained a loaded gun and a distributable amount of crack; for this and other reasons, defendant's counsel's motion to withdraw was granted.
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| United States v. Martinez, No. 06-2004,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, February 5, 2007, Decided
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Overview: Error in PSR's calculation of drug quantity attributable to defendant was harmless because his base offense level encompassed correct quantity, and regardless, defendant waived issue by not objecting to PSR; defendant's offense level was properly increased under USSG § 3B1.1(c) because he directed informant, supplied cocaine, and provided vehicle.
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| United States v. Radermacher, Nos. 05-3598 & 05-3661,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, February 5, 2007, Decided
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Overview: District court erred by applying U.S.S.G. § 3B1.4 to defendant gang secretary when she did not personally use a minor in committing her drug offenses. There was no evidence that she independently directed or encouraged minors to engage in drug running, and it was not proper to impute all reasonably foreseeable acts by her co-conspirator.
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