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   Federal Courts - 7th Circuit Court of Appeals - March 14, 2007

  
Fane v. Locke Reynolds, LLP, No. 06-2200, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 14, 2007, Decided
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Overview: The grant of summary judgment to the employer on the Title VII and § 1981 discrimination claims was affirmed because harder work assignments did not constitute an adverse employment action and the employee failed to show other similarly situated employees who were not members of the protected class were treated more favorably.

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Herdiansyah v. Gonzales, No. 06-2114, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 14, 2007, Decided
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Overview: Substantial evidence supported denial of an alien's application for withholding of removal under 8 U.S.C.S. § 1231 because the record did not compel a finding that the alien, a Chinese Christian, had experienced past persecution by the Indonesian government, or that he would more likely than not face persecution if he returned to Indonesia.

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Kikalos v. United States, No. 06-2446, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 14, 2007, Decided
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Overview: Taxpayers' action against government for refund was properly dismissed because refund claim did not provide grounds for claim under 26 U.S.C.S. § 7422(a) and 26 C.F.R. § 301.6402-2(b)(1), and Commissioner of Internal Revenue did not dispense with formal requirements when he stated that he lacked sufficient information to consider merits of claim.

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Mensah Koffi Adekpe v. Gonzales, No. 05-3951, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 14, 2007, Decided
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Overview: Alien's case was remanded back for further proceedings. IJ's adverse credibility decision was based largely on unimportant and explicable discrepancies that did not go to core of his 8 U.S.C.S. § 1158 political persecution claims. IJ did not rationally consider evidence as a whole or give proper consideration to letters from alien's family in Togo.

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United States v. Benson, No. 06-2115, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 14, 2007, Decided
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Overview: Defendant's appeal from his 18 U.S.C.S. §§ 2, 2113(a), (d), armed robbery and aiding and abetting armed robbery convictions was dismissed as frivolous. Government presented more than enough evidence to support convictions. Jury's verdict was not inconsistent, even though it acquitted him of 18 U.S.C.S. § 924(c) gun possession offense.

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United States v. Collins, No. 06-3491, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 14, 2007, Decided
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Overview: Counsel's motion to withdraw was granted and defendant's appeal from his conviction and sentence for violating 21 U.S.C.S. § 841(a)(1) was dismissed because it would be frivolous for defendant to challenge voluntariness of his plea as he did not want to withdraw plea, and regardless, district court substantially complied with Fed. R. Crim. P. 11.

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United States v. Ghilarducci, Nos. 05-2836 & 05-3165, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 14, 2007, Decided
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Overview: Evidence was sufficient to support defendants' convictions for wire fraud, a violation of 18 U.S.C.S. § 1343; racketeering, a violation of 18 U.S.C.S. § 1962(c); and money laundering, a violation of 18 U.S.C.S. § 1957(a), because defendants' misrepresentations to investors were material as they tended to influence investors' decision to invest.

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United States v. Glover, No. 06-1695, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 14, 2007, Decided
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Overview: Defendants' conviction and sentence were affirmed; the district court did not err by allowing a DEA task force officer to testify as an expert on the practices of street level drug dealers because the officer made no reference to defendant's "intent," and the expert was speaking generally about the practices of street level drug dealers.

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United States v. Grimes, No. 06-3695, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 14, 2007, Decided
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Overview: Evidence was sufficient to convict defendant of forcibly assaulting a correctional officer while he was performing an official duty under 18 U.S.C.S. § 111(a)(1) because witnesses testified that defendant struck the officer with his elbows and kicked him when the officer was taking him to be strip-searched for concealing a weapon in his jumpsuit.

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Universal Guar. Life Ins. Co. v. Coughlin, No. 06-1805, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 14, 2007, Decided
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Overview: Bankruptcy court erred in finding that a loan to a bankruptcy debtor was not secured by the debtor's accounts receivable; the loan agreement did not mention a security interest in the accounts receivable, but it did not terminate a security agreement that contained a dragnet clause securing future debt.

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