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   Federal Courts - 7th Circuit Court of Appeals - March 13, 2007

  
United States v. Simpson, No. 05-2993, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 13, 2007, Decided
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Overview: Defendant's conviction for crack cocaine distribution was vacated, as evidence that defendant had admitted involvement in other drug transactions was improper propensity evidence and was not admissible under Fed. R. Evid. 404(b) to show identity or otherwise. Also, the prosecutor's closing argument invited the jury to convict based on propensity.

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Varghese v. Gonzales, No. 06-2119, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 13, 2007, Decided
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Overview: Alien was properly denied asylum under 8 U.S.C.S. §§ 1101(a)(42)(A), 1158(b)(1)(B)(i) because substantial evidence supported IJ's conclusion that alien failed to show that Indian government condoned or could not control private discrimination alien faced in the past based on his Catholic religion, and he was never attacked in his home state.

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Witkowski v. Milwaukee County, No. 06-3627, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 13, 2007, Decided
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Overview: Allowing a criminal defendant into court without a stunbelt imperiled everyone there; judge, jurors, and spectators were at more risk than the deputy sheriff who could have protected himself had he kept control of his weapon. Disregarding a known risk to a public employee did not violate the due process clause whether or not the risk came to pass.

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Yi v. Sterling Collision Ctrs., Inc., No. 06-2645, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 13, 2007, Decided
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Overview: Long-standing compensation system in the auto repair industry that took into account the hours worked by a team of mechanics was nevertheless a bona fide commission system for purposes of the FLSA exemption under 29 U.S.C.S. § 207(i). Therefore, the district court properly found that the workers were not entitled to overtime pay under the FLSA.

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