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| Brown v. Chrysler Fin. Servs., No. 06-2459,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 8, 2007, Decided
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Overview: Car buyer's action against car finance company pertaining to the handling of buyer's loan account and repossession of the car was properly dismissed under Fed. R. Civ. P. 12(b)(6). Res judicata barred the buyer's action when a prior state case and a prior federal case involved the same parties, the same claims, and the same core of operative facts.
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| SEC v. McNamee, No. 06-2150,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 8, 2007, Decided
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Overview: District court's contempt order was vacated and the case was remanded because the punishment issued upon finding defendant in civil contempt did not constitute a rescission under §§ 11(e) and 12(a) of Securities Act of 1933, 15 U.S.C.S. §§ 77k(e), 77l(a), and the district court also failed to explain why some punitive component was needed.
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| United States v. Boyd, No. 06-2626,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 8, 2007, Submitted , March 8, 2007, Decided
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Overview: It would be frivolous for defendant to challenge inclusion of default conviction for operating vehicle while intoxicated in his criminal history calculation because he entered plea of no contest, and under USSG § 4A1.2(a)(1), a plea of no contest was adjudication of guilt and sentence imposed pursuant to such plea was considered "prior sentence."
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| United States v. Carraway, No. 06-3226,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 8, 2007, Decided
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Overview: Although an inmate filed his petition for relief from his sentence as a motion under Fed. R. Civ. P. 60(b)(5), in substance the petition was a successive petition for relief under 28 U.S.C.S. § 2255, which was properly denied. The inmate failed to show a denial of a constitutional right and was not entitled to a certificate of appealability.
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