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| Patton v. MFS/Sun Life Fin. Distribs., No. 05-4765,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 12, 2007, Decided
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Overview: Summary judgment in favor of a plan administrator in an ERISA case under 29 U.S.C.S. § 1132(a) was not appropriate because there were genuine material facts in dispute with respect to whether the claimant was entitled to disability benefits given unexplained contradictions about his ability to work in communications from a treating physician.
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| United States v. Arroyo, No. 06-2850,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 12, 2007, Decided
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Overview: Defendant's appeal from his 21 U.S.C.S. §§ 841(a)(1), 846, convictions was dismissed as frivolous. Defendant's counsel submitted facially adequate Anders brief. Defendant had abandoned his request for substitution of trial counsel. His dissatisfaction with his within-guidelines 420 month sentence did not provide cause for vacating his guilty pleas.
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| United States v. Cerna, No. 06-3349,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 12, 2007, Decided
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Overview: Appeal of 28-month sentence, which was imposed after defendant pleaded guilty to 8 U.S.C.S. § 1326(a), (b)(2), illegal reentry crime, was denied. Within-guidelines sentence was presumptively reasonable. District court properly considered 18 U.S.C.S. § 3353(a) factors and defendant's status as alien with prior felony conviction when sentencing him.
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| United States v. Goldman, No. 06-3090,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 12, 2007, Decided
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Overview: Below-guidelines 224 month sentence that was imposed after defendant pleaded guilty to 21 U.S.C.S. §§ 841(b)(1)(A), 846, charges, was affirmed on appeal. District court's drug weight finding was not clearly erroneous. Testimony by defendant's expert established that he was responsible for manufacturing more than 50 grams of actual methamphetamine.
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| United States v. Guzman, No. 06-1858,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 12, 2007, Decided
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Overview: Defendant's appeal of his within-guidelines 156 month sentence was denied. District court's plain error, in making its drug quantity finding, was harmless because base offense level was correct under U.S. Sentencing Guidelines Manual § 2D1.1(c)(6). Evidence did not support minor participant reduction under U.S. Sentencing Guidelines Manual § 3B1.1.
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| United States v. Jackson, No. 05-4309,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 12, 2007, Decided
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Overview: Defendant's appeal from his 18 U.S.C.S. § 922(g)(1) conviction was denied. Deputy's testimony, which was based on an out-of-court driving experiment, was properly admitted under Fed. R. Evid. 403. Testimony was offered to rebut defendant's alibi. The experiment was conducted under substantially similar circumstances as those described by defendant.
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| United States v. Lis, No. 06-3959,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 12, 2007, Decided
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| United States v. Shearer, No. 06-2282,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 12, 2007, Decided
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Overview: Appeals court affirmed within-guidelines, concurrent 70 month and 66 month prison terms imposed on defendant, after he was convicted of illegal distribution, labeling, and receipt of commercial fireworks crimes. The evidence supported district court's adoption of enhancements under U.S. Sentencing Guidelines Manual §§ 2K1.3(b), 3B1.1, 3B1.4, 3C1.1.
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| White v. Veach, No. 06-3941,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 12, 2007, Decided
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Overview: Inmate's 28 U.S.C.S. § 2241 petition seeking parole following his conviction for conspiracy to distribute cocaine was properly denied because his participation in conspiracy straddled effective date of Sentencing Reform Act, which abolished parole, so conspiracy was subject to Act, and Act, not 1988 amendment to 21 U.S.C.S. § 846, abolished parole.
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