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| Ross v. Veach, No. 06-3047,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 26, 2007, Decided
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| United States v. Longoria, Nos. 06-2326 & 06-2434,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 26, 2007, Decided
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Overview: Defendants' sentencing appeals were denied. The remand order did not limit the evidence that district court could consider during Booker resentencing. District court had considered 18 U.S.C.S. § 3553(a) factors before imposing 50 year and 300 month sentences on defendants for their 18 U.S.C.S. §§ 2, 924(c) and 21 U.S.C.S. §§ 846, 841(a)(1), crimes.
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| United States v. Williams, No. 06-3286,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 26, 2007, Decided
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| Watson v. Hulick, No. 06-1388,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 26, 2007, Decided
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Overview: The denial of an inmate's petition for a writ of habeas corpus was affirmed because federal habeas corpus review of the inmate's Fourth Amendment claim was foreclosed and the inmate had no Sixth Amendment right to counsel when he confessed because formal proceedings had not begun.
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| Komeshak v. Risk Enter. Mgmt. Servs., No. 07-1194,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 27, 2007, Decided
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Overview: Remand of plaintiffs' action on ground that amendment correcting defendant's name related back to original filing date and preceded Class Action Fairness Act of 2005 (CAFA) was improper because they did not exercise reasonable diligence under 735 Ill. Comp. Stat. 5/2-616(d) and Ill. Sup. Ct. R. 103(b) during year they attempted to serve defendant.
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| United States v. Van Waeyenberghe, No. 05-3370,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 27, 2007, Decided
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Overview: District court did not commit error when it convicted defendant of 18 U.S.C.S. §§ 371, 1341, 1343, 1957, crimes and imposed 168 month sentence. Jury was given a cautionary instruction regarding co-conspirators' testimony. SEC civil action did not implicate defendant's double jeopardy rights. Within-guidelines sentence was presumptively reasonable.
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| Vinning-El v. Long, No. 06-1673,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 27, 2007, DECIDED
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Overview: Prison guards were improperly granted summary judgment on inmate's § 1983 Eighth Amendment claim; given conditions inmate described, which included water on floor, broken toilet, feces and blood smeared on wall, and no mattress, reasonable jury could infer that guards in vicinity necessarily would have known about condition of segregation cells.
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| Washington v. Haupert, No. 05-4225,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 27, 2007, Decided
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Overview: Summary judgment motion filed by police officers in § 1983 suit was properly denied. Material factual disputes existed regarding couple's arrest on Ind. Code § 35-42-2-1.3(a) domestic battery charges. Officers were not entitled to qualified immunity as matter of law. A reasonable jury might find that officers lacked probable cause to make arrests.
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