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   Federal Courts - 7th Circuit Court of Appeals - February 10, 2006

  
Kolupa v. Roselle Park Dist., No. 05-2925, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, February 10, 2006, Decided
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Overview: Employee's allegations of religious discrimination were sufficient to survive dismissal under Fed. R. Civ. P. 12(b)(6) because complaints did not need to plead facts and did not need to narrate events that corresponded to what was required to state a prima facie case under Title VII of the Civil Rights Act of 1964, 42 U.S.C.S. § 2000e-2(a)(1).

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Martinez-Maldonado v. Gonzales, Nos. 04-1448 & 04-3471, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, February 10, 2006, Decided
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Overview: Alien's petition for review of an administrative immigration decision denying his motion to reopen removal proceedings was dismissed for lack of jurisdiction because, under 8 U.S.C.S. § 1252(a)(2)(B), the federal appellate court lacked jurisdiction over both the underlying discretionary hardship issue and the decision to deny the motion to reopen.

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United States v. Davison, No. 03-3884, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, February 10, 2006, Decided
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Overview: Where testimony established that defendant distributed over 1.5 kilograms of crack cocaine and both the quantity of defendant's sales, as well as the length of time that he was selling, were corroborated by confidential informants, the evidence against defendant supported a finding of guilt.

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United States v. Johnson, No. 04-2406, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, February 10, 2006, Decided
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Overview: Defendant's heroin possession and conspiracy convictions under 21 U.S.C.S. §§ 841 and 846 were upheld given, inter alia, that the prosecution's comments about a witness's truthfulness were not improper, the evidence was sufficient for conviction, and a buyer-seller jury instruction was not required.

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United States v. Nunn, No. 05-2973, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, February 10, 2006, Decided
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Overview: Record of a sentencing court indicated that, at most, it issued a defendant's two sentences at the same time merely for administrative convenience. Accordingly, the district court did not clearly err when it found defendant's sentences were not consolidated within the meaning of U.S. Sentencing Guidelines Manual § 4A1.2(a)(2).

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United States v. O'Neill, No. 04-2589, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, February 10, 2006, Decided
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Overview: Appellate court was concerned that a district court judge mislead defendant regarding his negotiated plea agreement under Fed. R. Crim. P. 11(e)(1)(C). The appellate court was concerned about certain statements that could have led defendant to believe that the recommended 124-month term still might be entered; defendant's sentence was vacated.

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