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   Federal Courts - 7th Circuit Court of Appeals - April 3 - April 4, 2007

  
Foryoh v. Banas, No. 06-3416, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 3, 2007, Decided
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Seagrave v. United States, No. 06-3445, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 3, 2007, Decided
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Overview: In taxpayer's 28 U.S.C.S. § 1346(a)(1) action alleging that IRS did not timely initiate collection activity under 26 U.S.C.S. § 6502(a), government was properly granted summary judgment because its review of taxpayer's first request for installment agreement and rejection of second request extended collections deadline and rendered tax levy timely.

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United States v. Campbell, No. 06-3418, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 3, 2007, Decided
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Overview: It would be frivolous for defendant to contest his classification as career offender by district court; even if Almendarez-Torres were overruled, defendant could not benefit because such designation was not part of offense but was sentencing consideration, about which Booker allowed district court to make decision on preponderance of evidence.

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Village of Rosemont v. Jaffee, No. 05-4558, No. 06-1984, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 3, 2007, Decided
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Overview: Bankruptcy court properly dismissed adversary actions brought by debtor casino and town because nothing in casino's reorganization plan required Illinois Gaming Board to refrain from pursuing disciplinary proceeding against casino, and law did not support kind of interference with state administrative proceedings that casino and town sought.

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Barricks v. Eli Lilly & Co., No. 05-3771, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 4, 2007, Decided
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Overview: District court properly granted summary judgment to employer on employee's ADEA age discrimination claim because employee failed to identify comparator, and on Title VII claim for gender discrimination because employee could not show that employer's stated reason for declining to give raise--her performance--was a pretext for discrimination.

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In re Sabbia, No. 06-4407, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 4, 2007, Decided
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United States v. Ellis, No. 06-3905, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 4, 2007 * , Submitted* The parties have waived oral argument in this case, and thus the appeal is submitted on the briefs and the record. See Fed. R. App. P. 34(f)., April 4, 2007, Decided
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Overview: Defendant's sentence was properly enhanced under Armed Career Criminal Act (ACCA), 18 U.S.C.S. § 924(e), to 15 years because ACCA was enhancement provision and Almendarez-Torres, which was still controlling, held that prior convictions used to trigger sentence enhancement did not have to be admitted by defendant or proved beyond reasonable doubt.

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Watt v. State Farm Mut. Auto. Ins. Co., No. 06-4150, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 4, 2007 * , Submitted* After an examination of the briefs and the record, we have concluded that oral argument is unnecessary. Thus the appeal is submitted on the briefs and the record. See Fed. R. App. P. 34(a)(2)., April 4, 2007, Decided
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Winkler v. Gates, No. 05-3451, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 4, 2007, Decided
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Overview: Taxpayers lacked standing to bring an Establishment Clause challenge to the Boy Scouts of America Jamboree Statute, 10 U.S.C.S. § 2554; § 2554 was enacted primarily under the Military Clauses, U.S. Const. art. I, § 8, cls. 12-14, and the Property Clause, U.S. Const. art. IV, § 3, cl. 2, not the Taxing and Spending Clause of U.S. Const. art. I, § 8.

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