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| Boyd v. Owen, No. 05-3587,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 22, 2007, Decided
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Overview: Child welfare investigator and her supervisor were entitled to summary judgment based on qualified immunity in former police officer's action alleging that they violated his due process rights in their child abuse investigation against him because officer failed to identify any case clearly establishing that their conduct was unconstitutional.
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| CertainTeed Corp. v. Williams, No. 06-3043,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 22, 2007, Decided
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Overview: District court erred in denying a preliminary injunction to enforce a noncompetition agreement because the former employer had not shown that the departing employee used its confidential information in his new job with a competitor. The restriction was valid and did not require such a showing, given the difficulty of providing such proof.
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| Guillen v. Finnan, No. 05-4597,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 22, 2007, Decided
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Overview: Denial of an inmate's petition for a writ of habeas corpus under 28 U.S.C.S. § 2254 based on his disciplinary conviction for threatening a guard was affirmed because the disciplinary code contained no requirement of subjective fear on the part of the person threatened, and the court knew of no case that imposed one for threats made by prisoners.
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| United States v. Duncan, No. 05-4678,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 22, 2007, Decided
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Overview: Appellate court affirmed judgment sentencing defendant to 457 months' imprisonment for armed bank robbery and other crimes, even though codefendant was sentenced to 401 months' imprisonment, because differences between sentences reflected valid differences between defendant and codefendant's criminal histories and fact that codefendant pled guilty.
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| United States v. Lomack, No. 06-2625,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 22, 2007, Decided
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Overview: The denial of defendant's motion to withdraw his guilty plea was affirmed; during his plea hearing, defendant swore that he understood that the government had made no promises or guarantees regarding the sentence which would be imposed and he also stated that he had spoken to his attorney about how the sentencing guidelines might apply to his case.
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| United States v. Skrzypek, Nos. 05-2055 & 05-2056,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 22, 2007, Decided
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Overview: Defendants' case was remanded to allow the district court to set a payment schedule for restitution because district courts had a non-delegable duty to fix a payment schedule for restitution when defendants did not have the resources to make immediate payment, and district court found that defendants had only remote chance of repaying money owed.
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| United States v. Stebbins, No. 05-3636,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 22, 2007, Decided
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Overview: Counsel's motion to withdraw was granted and defendant's appeal was dismissed because it would be patently frivolous for defendant to argue that the evidence failed to prove an agreement, joined by him, to import heroin and challenging defendant's sentence--which was significantly below the bottom of his guidelines range--would also be frivolous.
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| Ali v. Shaw, No. 06-1800,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 23, 2007, Decided
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Overview: Summary judgment was properly entered against a county employee as to her tortious interference with prospective economic advantage claim against a board commissioner. Although commissioner may have acted boorishly in seeking her termination after he lost primary election, he did not commit tort when he asked board to fire her for insubordination.
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| Bednarski v. United States, No. 06-2878,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 23, 2007, Decided
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Overview: Inmate's habeas petition was properly denied because he did not demonstrate ineffective assistance of counsel under the Sixth Amendment; the inmate's claim that counsel did not consult with him regarding an appeal of his sentence was not supported by the record, nor did the inmate establish deficient performance or prejudice.
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| United States v. Flagg, No. 06-3092,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 23, 2007, Decided
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Overview: Defendant was properly sentenced under 18 U.S.C.S. § 3583(e)(3) to 36 months' imprisonment following revocation of his supervised release; defendant's original sentence under 21 U.S.C.S. § 841(b)(1)(A) did not violate the Sixth Amendment because defendant admitted to drug quantity.
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