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   Federal Courts - 7th Circuit Court of Appeals - March 30, 2006

  
Anderson v. Barnhart, No. 05-1689, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 30, 2006, Decided
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Overview: Appellate court found that substantial evidence supported the administrative law judge's conclusion that despite the claimant's educational and physical limitations she was not disabled and is capable of working as a hotel maid as that job was customarily performed in the national economy.

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Baker v. United States, No. 05-4435, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 30, 2006, Decided
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Boyd v. Barnhart, No. 05-1813, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 30, 2006, Decided
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Overview: District court improperly denied claimant's request for attorney's fees in his Social Security case under Equal Access to Justice Act (EAJA), 28 U.S.C.S. § 2412, because ALJ's credibility determination was not sufficiently specific under S.S.R. 96-7p to enable meaningful appellate review, and reasons for credibility finding were not specified.

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In re Watson, No. 06-1134, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 30, 2006, Decided
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Martin v. Vannatta, No. 04-4085, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 30, 2006, Decided
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Overview: District court properly dismissed inmate's habeas petition, challenging disciplinary conviction, because he failed to exhaust administrative remedies, he failed to show cause for procedural default as he failed to show why weekly allocation of free stamps was insufficient to mail appeal, and he failed to show he was actually innocent of charges.

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Murry v. Barnes, No. 05-3622, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 30, 2006, Decided
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Patel v. Gonzales, Nos. 04-3401, 04-4159, 05-1687, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 30, 2006, Decided
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Overview: The Board of Immigration Appeals did not abuse its discretion by finding aliens' motions to reopen their asylum cases to be untimely and not subject to equitable tolling because there was evidence that the aliens knew that their cases had been denied when another family member made inquiries, but failed to move to reopen until some two years later.

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United States v. Andrews, No. 05-1974, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 30, 2006, Decided
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Overview: A reasonable officer observing what was likely money burning on a grill, would have had probable cause to believe evidence would be destroyed before a warrant could be obtained if the officers on the scene did not intervene; district court did not err in denying defendant's motion to suppress.

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United States v. Davis, No. 05-2489, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 30, 2006, Decided
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Overview: District court's enhancement for obstruction of justice under U.S. Sentencing Guidelines Manual § 3C1.1 was proper because defendant's attempt to influence witnesses to make false statements to investigating authorities qualified as an obstruction of justice under § 3C1.1.

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United States v. Warner, No. 05-2770, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, March 30, 2006, Decided
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Overview: Defendant's appeal from sentence imposed after he was found to be career offender under U.S. Sentencing Guidelines Manual § 4B1.1 was dismissed as frivolous because application of § 4B1.1 was not departure and did not require notice; Sixth Amendment was not violated as defendant waived right to have jury resolve factual disputes by pleading guilty.

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