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| Johnson v. Gonzales, No. 06-2281,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, February 28, 2007, Decided
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Overview: Because persons affected by 8 C.F.R. § 1003.44(h) had almost 4 years to present their request for the waiver, the rule did not fall outside the reasonable rule-making authority of the attorney general. Accordingly, the alien's petition for review of the BIA's denial of his application under 8 U.S.C.S. § 1182(c), was denied.
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| Mosley v. Maytag Corp., No. 06-1566,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, February 28, 2007, Decided
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Overview: District court properly granted summary judgment to former employer in retired African-American employee's action brought under Title VII and 42 U.S.C.S. § 1981, alleging that employer failed to promote him because of his race, because employee failed to show that white applicants were not better qualified than employee for positions.
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| Scaffidi v. Fiserv, Inc., No. 06-3123,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, February 28, 2007, Decided
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Overview: Former employee was properly compelled to arbitrate discrimination and retaliation claims brought against an employer under Title VII of the Civil Rights Act of 1964; an arbitration agreement signed by the employee was valid, was not unconscionable, and did not lack mutuality of obligation, and the employer did not waive its right to arbitrate.
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| United States v. Gadson, No. 05-4184,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, February 28, 2007, Decided
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Overview: In sentencing defendant following a guilty plea to distribution of crack cocaine in violation of 21 U.S.C.S. § 841(a)(1), an additional 26.3 grams of crack found during a traffic stop four months earlier was properly attributed to defendant under U.S.S.G. § 1B1.3(a)(2) as part of the same course of conduct as the underlying offense.
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| United States v. McGowan, No. 06-1546,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, February 28, 2007, Decided
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Overview: Defendant's cocaine distribution sentence was vacated. The district court committed clear error when it increased his offense level based on "relevant conduct" evidence, thereby significantly increasing guidelines range applicable to his case. Government did not show that drug conspiracy was part of same course of action as defendant's drug sales.
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| United States v. Ortuno, No. 06-2728,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, February 28, 2007, Decided
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| United States v. Torres, No. 06-2461,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, February 28, 2007, Decided
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Overview: Defendant's sentence was affirmed because district court properly considered 18 U.S.C.S. § 3553(a) factors in imposing sentence; rather than indicating "presumption" to sentence within guidelines, transcript showed that sentence was based on defendant's history and personal characteristics and need to provide just punishment for serious offense.
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