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   Federal Courts - 7th Circuit Court of Appeals - March 2, 2006

  
Asere v. Gonzales, No. 05-2215, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 2, 2006, Decided
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Overview: Petition for review of an immigration decision denying an alien asylum was dismissed for lack of jurisdiction because the petition was clearly untimely under 8 U.S.C.S. § 1252(b)(1). However, given the obvious fatal errors of the alien's counsel, the court noted that the door was open for a petition to reopen.

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Borzych v. Frank, No. 05-3907, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 2, 2006, Decided
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Overview: District court properly dismissed inmate's § 1983 action alleging violation of § 3 of Religious Land Use and Institutionalized Persons Act, 42 U.S.C.S. § 2000cc-1, by refusing to allow him to possess three books he claimed were necessary to practice Odinism because books advocated violence and prison had compelling state interest in safety.

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United States v. Collins, No. 03-2987, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 2, 2006, Decided
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Overview: Defendant's sentence was affirmed after limited Paladino remand because district court stated that it would have imposed same sentence had guidelines been advisory, district court's limited-remand decision convincingly showed that it considered necessary 18 U.S.C.S. § 3553(a) factors, and defendant's sentence was not unreasonable.

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United States v. Lee, Nos. 05-1385 & 05-1582, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 2, 2006, Decided
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Overview: Defendants' convictions on two of seven counts of uttering counterfeit securities in violation of 18 U.S.C.S. § 513(a) were reversed because the government offered no evidence that either the payor company or the drawee bank named on allegedly counterfeit payroll checks existed. The jury was properly instructed on the interstate commerce element.

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United States v. Monroe, No. 05-2240, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 2, 2006, Decided
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United States v. Sankey, No. 05-1368, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 2, 2006, Decided
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Overview: Defendant's sentence of 21 months' imprisonment for making a false statement to the U.S. Farm Service Agency in violation of 18 U.S.C.S. § 1014 was reasonable; defendant's assertion that the district court was insufficiently swayed by a purportedly inconsistent verdict and other circumstances did not rebut the presumption of reasonableness.

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United States v. Seals, Nos. 02-4235 and 03-2483, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 2, 2006, Decided
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Woods v. McBride, No. 04-1776, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 2, 2006, Decided
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