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| Kizer v. Uchtman, No. 04-2763,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, February 3, 2006, Submitted
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Overview: District court erred in concluding that an inmate's habeas corpus claims were procedurally defaulted where the state courts rejected his attempts to use hybrid representation. Because the state courts could have, in their discretion, considered the claims the inmate attempted to raise in supplemental pro se briefs, there was no procedural default.
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| Pino v. United States, No. 05-3255,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, February 3, 2006, Decided
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| United States v. Cervantes-Lopez, No. 05-1707,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, February 3, 2006, Decided
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Overview: Inmate's appeal from his 70-month sentence was dismissed because it was below statutory maximum applicable to defendant under 8 U.S.C.S. § 1326(b)(2) and was presumptively reasonable as it was based on a correct calculation of the sentencing guidelines, and district court considered and rejected inmate's only argument for below-guideline sentence.
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| United States v. Cherry, No. 04-3527,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, February 3, 2006, Decided
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Overview: Where police policy did not allow an uninsured driver to move a vehicle, and the towing of illegally parked vehicles was authorized, a motion to suppress a gun found in the trunk of a car was denied because the search was permissible under the Fourth Amendment as an inventory search.
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| United States v. Day, No. 04-2663,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, February 3, 2006, Decided
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Overview: Defendant's sentence was affirmed on appeal from Paladino remand where district court advised it would have sentenced defendant to the same sentence under advisory Sentencing Guidelines. Defendant failed to show that the sentence, properly supported by 18 U.S.C.S. § 3553(a) factors of seriousness of crime and need for punishment, was unreasonable.
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| United States v. Lambert, No. 05-2228,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, February 3, 2006, Decided
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| United States v. Maldonado-Cerna, No. 04-2652,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, February 3, 2006, Decided
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| United States v. Springen, No. 04-2062,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, February 3, 2006, Decided
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Overview: Defendant's 160-month sentence for distributing cocaine was affirmed because it was within properly calculated guidelines, so it was presumptively reasonable, and district court indicated after Paladino remand and consideration of 18 U.S.C.S. § 3553(a) factors that it would have imposed same sentence post-Booker.
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| United States v. Williams, No. 05-2380,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, February 3, 2006, Decided
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Overview: Court affirmed 30-month sentence imposed upon defendant's guilty plea to possessing firearm following felony conviction, a violation of 18 U.S.C.S. § 922(g)(1), because district court considered relevant factors in 18 U.S.C.S. § 3553(a) and reasonably found that sentence at low end of guidelines range was appropriate.
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