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| Jin Xiu Jiang v. Gonzales, No. 06-1740,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, February 12, 2007, Decided
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Overview: Alien's petition for review was denied. She did not meet the standards set out in 8 C.F.R. § 1003.2(c)(1) for reopening her case. Alien had not presented any new evidence not previously considered by IJ. Appeals court could not address merits of asylum claim because the alien had not filed petition for review challenging BIA's denial of that claim.
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| Latta v. Chapala, No. 05-4495,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, February 12, 2007, Decided
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Overview: A district court properly dismissed claims asserted by couple in § 1983 suit, arising from their criminal prosecution. Prosecutor and witness defendants were protected by absolute immunity. No coercive interrogation in violation of the wife's U.S. Const. amend. V rights was shown. No evidence of unconstitutional governmental policies was presented.
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| Moore v. Battaglia, No. 05-1118,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, February 12, 2007, Decided
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Overview: Factual development was required before it could be determined whether an allegedly inadequate law library could constitute a state-created impediment warranting tolling under 28 U.S.C.S. § 2244(d)(1)(B) of the limitations period for a state inmate's habeas petition; it was unknown whether the library contained a copy of the statute of limitations.
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| United States v. Nettles, No. 06-1304,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, February 12, 2007, Decided
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Overview: Fact that defendant was charged under 18 U.S.C.S. § 844 with attempting to destroy the courthouse in which his trial took place did not compel a venue change under Fed. R. Crim. P. 21(a), as there was no chance of the plot succeeding. Joinder of counterfeiting charges that were part of the scheme was proper under Fed. R. Crim. P. 8(a) and 14(a).
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| United States v. Seymour, No. 06-2306,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, February 12, 2007, Decided
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| Ill. One News, Inc. v. City of Marshall, No. 06-1828,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, February 13, 2007, Decided
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Overview: Operator's principal contention was that the 4% of a small city where it could operate an adult bookstore was not enough; appellate court disagreed because land available in the city itself supplied an adequate alternative, and the operator could move to unincorporated lands just outside the city.
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| Sound of Music Co. v. 3M, No. 05-4109,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, February 13, 2007, Decided
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Overview: The grant of summary judgment of defendant on the claims of breach of contract, violation of the Illinois Franchise Disclosure Act and violation of the Minnesota Franchise Act was affirmed; defendant properly terminated the agreement because it gave plaintiff at least 12 months' written notice that it was terminating its background music business.
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| United States v. Torres, Nos. 03-1320, 03-2967, 04-1307 and 04-2045,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, February 13, 2007, Decided
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| United States v. Williams, No. 06-3286,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, February 13, 2007, Decided
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Overview: Defendant's 123-month sentence was affirmed because it was lowest possible sentence within advisory guidelines range for his narcotics and weapons offenses under USSG § 2D1.1(c)(9), 18 U.S.C.S. § 924(c)(1)(A)(i), (c)(1)(D)(ii), and USSG § 2K2.4(b) and district court properly considered and articulated 18 U.S.C.S. § 3553(a) factors.
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