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| Davis v. Unum Life Ins. Co., Nos. 05-2001 & 05-2165,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 5, 2006, Decided
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Overview: In ERISA plan participant's action, 11 U.S.C.S. § 1132, record contained rational support for denial of disability benefits. In concluding otherwise--and penalizing administrator for relying on in-house doctors who reviewed file and gave doctor-like explanations for conclusions--district court went beyond bounds of arbitrary-and-capricious review.
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| Johnson v. Snyder, No. 04-3620,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 5, 2006, Decided
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Overview: Summary judgment in favor of prison officials was upheld in a prisoner's action under 42 U.S.C.S. § 1983. It was not clear that the prisoner's condition as an amputee constituted a "serious medical need" in the context of the Eighth Amendment, and the record was bare of evidence suggesting conduct that rose to the level of deliberate indifference.
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| Margos v. Gonzales, No. 05-2051,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 5, 2006, Decided
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Overview: An alien's petition for review of the denial of her application for asylum and withholding of removal was denied because her treatment by authorities had been based on any of the enumerated protected grounds, her fear of future persecution had been surpassed by events, and three claims had not been administratively exhausted.
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| United States ex rel. Gear v. Emergency Med. Assocs. of Ill., Inc., Nos. 05-2235 & 05-3202,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 5, 2006, Decided
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| United States v. Brown, No. 04-1534,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 5, 2006, Decided
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| United States v. Coleman, No. 04-1508,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 5, 2006, Decided
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| United States v. Gougis, No. 04-1345,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 5, 2006, Decided
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| United States v. Moore, Nos. 05-3281 & 05-3401,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 5, 2006, Decided
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Overview: Defendants' post-Booker sentences were affirmed because district court properly calculating each defendant's applicable guidelines range, hearing each side's position regarding 18 U.S.C.S. § 3553(a) factors, and determining that guidelines sentence was reasonable based on seriousness of crime, need for deterrence, and criminal history.
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| United States v. Phillippi, No. 05-2488,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 5, 2006, Decided
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Overview: Defendant's conviction for violating 18 U.S.C.S. § 922(a)(6) was affirmed because he did not and could not show that the stipulation he offered was an adequate substitute for the government's evidence since the government's evidence had an additional purpose beyond proof of his felony status. The case was outside the scope of the Old Chief case.
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