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   Federal Courts - 7th Circuit Court of Appeals - March 30, 2007

  
Bradley v. United States, No. 05-4349, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 30, 2007, Decided
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Overview: Had defendant known that he would face a maximum of 30 years' imprisonment, rather than the projected 90 years, whether or not he pleaded, he may have opted to try his case; given the uncertainty regarding counsel's sentencing advice and whether it impacted defendant's decision to plead, district court should have granted an evidentiary hearing.

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Spiegla v. Hull, No. 05-3722, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 30, 2007, Decided
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Overview: Appeals court's prior U.S. Const. amend. I retaliation ruling was incorrect in light of a new Supreme Court decision. Judgment entered for corrections officer on her retaliation claim had to be vacated. Her speech regarding security lapse at prison was not protected by First Amendment because she was speaking as corrections officer, not as citizen.

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United States v. Black, Nos. 06-1803 & 06-1817, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 30, 2007, Decided
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Overview: Evidence was sufficient for possessing marijuana with intent to distribute and conspiring to possess marijuana with intent to distribute under 21 U.S.C.S. §§ 846 and 841(a)(1) since defendants arranged to pickup a shipment from an undercover agent, there was a strong odor of marijuana when the boxes were loaded, and defendants fled from the police.

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United States v. Quintana-Castro, No. 06-1778, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 30, 2007, Decided
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Overview: Imposition of sentence within guidelines range following defendant's conviction for being in United States without permission after his removal, a violation of 8 U.S.C.S. §§ 1326(a), (b)(2), was not unreasonable because absence of a fast-track program was not an acceptable reason for imposing a sentence below the guidelines range.

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