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   Federal Courts - 7th Circuit Court of Appeals - March 20, 2006

  
Article II Gun Shop, Inc. v. Gonzales, No. 05-2800, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 20, 2006, Decided
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Overview: District court properly denied a gun shop's challenge to the revocation of its federal license to sell firearms based on its violations of the reporting requirements mandated by the Gun Control Act of 1968. Willfulness was established because the gun shop was clearly aware of the requirements in light of being cited for violations in the past.

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Bowers v. Buss, No. 05-4368, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 20, 2006, Decided
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Carroll v. Barnack, No. 05-2412, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 20, 2006, Decided
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In re Household Int'l Tax Reduction Plan, No. 06-8001, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 20, 2006, Decided
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Overview: Unnamed class members in ERISA class action suit did not have to exhaust plan remedies as condition to being allowed to be members of class; given similarity of named plaintiff's claim to claims of unnamed class members, only named plaintiff had to exhaust, and even if plan required exhaustion, such provision would not have to be given effect.

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Kempner Mobile Elecs., Inc. v. Southwestern Bell Mobile Sys., Nos. 04-3411 & 04-3561, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 20, 2006, Decided
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Rehman v. Gonzales, No. 05-2846, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 20, 2006, Decided
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Overview: Alien's Fifth Amendment due process rights were not violated on ground that counsel lacked reasonable opportunity to present evidence on alien's behalf pursuant to 8 U.S.C.S. § 1229a(b)(4)(B) because alien failed to state what additional evidence would have been presented or how it was material, and such failure was fatal to argument.

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Torres v. United States, No. 05-4518, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 20, 2006, Decided
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United States v. Adamson, No. 05-1721, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 20, 2006, Decided
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Overview: It was not unreasonable for officer to detain defendant, U.S. Const. amend. IV. Motel was viewed as site of frequent criminal activity, defendant was among group matching description of group that had been in room where officers discovered evidence of drug activity, and defendant appeared nervous and very concerned with bundle he was clutching.

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United States v. Burton, No. 05-2130, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 20, 2006, Decided
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Overview: Gun seized from defendant did not violate Fourth Amendment because officers' mounting suspicion of illegal activity justified keeping him from driving away and no frisk of defendant occurred until they had grounds for reasonable suspicion based on drug house tip, man's emergence from adjacent house and knife possession, and defendant's gestures.

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United States v. Martinez, No. 04-1268, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 20, 2006, Decided
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