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| Bender v. Freed, No. 04-4169,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, February 2, 2006, Decided
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Overview: Denial of attorneys' fees to successful health plan in an ERISA-based reimbursement action was proper. The plan's 29 U.S.C.S. § 1132(g) motion, filed 34 days after judgment was entered, was untimely under Fed. R. Civ. P. 54(d) and improper conduct of opposing counsel occurred pre-litigation, making 28 U.S.C.S § 1927 inapplicable.
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| United States v. McLee, Nos. 04-1507 & 04-1535,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, February 2, 2006, Decided
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Overview: Where evidence established that defendant often carried a gun in the course of carrying out the duties as a member of a drug conspiracy, and the gun was found in a storage box with 37 kilograms of cocaine in the attic of the home where much of this activity was taking place, this was sufficient to uphold his conviction under 18 U.S.C.S. § 924(c).
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| United States v. Wilson, No. 04-4022,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, February 2, 2006, Decided
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Overview: Discharge certificate on predicate offense for defendant's 18 U.S.C.S. § 922(g)(1) felon in possession of ammunition conviction, prohibiting only firearms possession, was irrelevant to issue of § 922(g)(1) violation. Prior conviction made defendant a convicted felon who was prohibited from possessing both firearms and ammunition under § 922(g)(1).
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