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| Hicks v. Midwest Transit, Inc., No. 06-2579,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 1, 2007, Decided
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Overview: Summary judgment was properly entered against a co-owner, as to his counterclaims seeking to recover money that he had loaned to insolvent trucking company. State court had issued a judgment in company's favor in shareholders' derivative suit, finding that co-owner owed the company money. Res judicata doctrine applied to that state court judgment.
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| Kokar v. Gonzales, No. 05-4641,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 1, 2007, Decided
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Overview: Where an alien appealed an IJ's decision denying her asylum and other relief to the BIA and indicated that she would be filing a brief supporting her appeal, but then failed to do so, the BIA appropriately summarily dismissed her appeal under the provisions of 8 C.F.R. § 1003.1(d)(2)(i)(E) and did not violate the alien's due process rights.
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| Mmubango v. Leavitt, No. 06-2436,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 1, 2007, Decided
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Overview: EPA was properly awarded summary judgment on a job applicant's race and national origin discrimination and retaliation claims under Title VII of the Civil Rights Act of 1964; the applicant did not show that the EPA's claim that the applicant was not hired due to, inter alia, an incomplete and poorly written resume was pretextual.
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| United States v. Baxter, No. 06-2577,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 1, 2007, Decided
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Overview: While U.S. Sentencing Guidelines Manual § 5H1.11 discouraged courts from considering charitable works, defendant admitted that she merely assumed that in exercising its discretion under 18 U.S.C.S. § 3553(a), the district court ignored the permissible factors of her civic and charitable work; defendant's sentence was affirmed.
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| United States v. Hall, No. 06-2985,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 1, 2007, Decided
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Overview: Defendant's enhanced sentence under U.S. Sentencing Guidelines Manual § 3B1.4 for bank robbery in violation of 18 U.S.C.S. § 2113(a) was proper because defendant allowed a minor, who resided with him, to hear plans for the robbery, to sit in the getaway car, to clean dyed stolen money, and to guard the money. Defendant affirmatively used the minor.
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| United States v. Lawrence, No. 06-3205,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 1, 2007, Decided
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Overview: Defendant was properly denied attorney's fees under the Hyde Amendment following dismissal of charges of tax evasion and failure to file tax returns under 26 U.S.C.S. §§ 7201 and 7203; defendant did not show that pursuit of the criminal case was in bad faith, vexatious, or frivolous, as defendant offered no support for his asserted defenses.
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| United States v. Phillips, No. 06-2679,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 1, 2007, Decided
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Overview: Defendant's appeal of sentence for transporting a minor across state lines to engage in prostitution in violation of 18 U.S.C.S. § 2423(a) was frivolous. District court substantially complied with Fed. R. Crim. P. 11 by ensuring that defendant understood the charge, pleaded guilty voluntarily, and understood his rights and possible sentence ranges.
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| United States v. Stevens, No. 06-3170,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 1, 2007, Decided
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Overview: Sentence imposed on defendant following his conviction for conspiracy to manufacture methamphetamine, a violation of 21 U.S.C.S. §§ 841(a)(1), 846, was affirmed because defendant's sentence was 40 % below low end of his guidelines range, and district court adequately considered 18 U.S.C.S. § 3553(a) factors unique to him and his offense.
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| United States v. Tostado-Sianez, No. 06-2460,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 1, 2007, Decided
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Overview: In sentencing defendant following his conviction for violating 8 U.S.C.S. § 1326(a), (b)(2), district court did not err in refusing to reduce his criminal history category by one level pursuant to USSG § 4A1.3(b) because he was convicted of serious crimes and remoteness in time of prior convictions was offset by fact he spent 10 years in prison.
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