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| Becker v. Verizon North, Inc., No. 06-2956,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 25, 2007, Submitted , April 25, 2007, Decided
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Overview: Former employer was properly granted summary judgment because employee's claims against employer were part of her bankruptcy estate under 11 U.S.C.S. § 541(a)(1), so claims belonged to trustee, and nothing in record suggested that trustee abandoned them under 11 U.S.C.S. § 554; further, judicial estoppel also barred employee's claims.
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| Ho v. SEC, No. 06-3788,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 25, 2007, Decided
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Overview: Where the securities dealer stipulated to engaging in a course of conduct intended to harass, threaten and intimidate other exchange members and, after his suspension engaged in hundreds of transactions that were prohibited by the terms of the SEC sanctions, the SEC did not abuse its discretion in affirming the sanctions determination.
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| McCready v. Jacobsen, No. 06-2443,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 25, 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 25, 2007, Decided
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Overview: A tenant's claim under the FDCPA, 15 U.S.C.S. § 1692 et seq., was properly dismissed because a letter from attorneys that explicitly stated that it was not a collection letter and that explained that the tenant's security deposit was applied to unpaid rent and repairs was not a communication connected to the collection of any debt under the FDCPA.
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| United States v. Fisher, No. 06-3037,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 25, 2007, Decided
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Overview: Defendant's sentence of 210 months of prison, for possessing crack with intent to distribute, 21 U.S.C.S. § 841(a)(1), was properly imposed because the sentence was at the bottom of a properly calculated guidelines range and was not unreasonable for following the 100-to-1 ratio in the guidelines for crack versus powder cocaine.
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| United States v. Hunter, No. 06-2144,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 25, 2007, Decided
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Overview: Defendant's counsel was allowed to withdraw and his sentencing appeal was dismissed because all of his claims were frivolous. He waived issues not raised in a prior appeal. Government sufficiently proved that drug that he distributed, in violation of 21 U.S.C.S. § 841(a)(1), was crack cocaine. His below-guidelines 250 month sentence was reasonable.
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| United States v. Ochoa, No. 06-3861,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 25, 2007, Decided
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Overview: Defendant had no nonfrivolous basis for appeal from his conviction on drug and firearms charges under 21 U.S.C.S. §§ 841(a)(1) and 846 and 18 U.S.C.S. § 924(c); a pat-down search prior to arrest was proper, as probable cause for arrest existed prior to the search, and defendant validly consented to a search of his house.
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| United States v. Olorunfemi, No. 06-2774,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 25, 2007, Submitted , April 25, 2007, Decided
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Overview: Defendant's appeal of a 96-month sentence for conspiring to possess heroin with intent to distribute and to attempting to import the drug was dismissed. The government did not promise defendant a shorter sentence, and transporting three kilograms of heroin made him ineligible for a role reduction under U.S. Sentencing Guidelines Manual § 3B1.2(a).
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| United States v. Parrish, No. 06-3672,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 25, 2007, Submitted , April 25, 2007, Decided
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Overview: Counsel was granted leave to withdraw and defendant's appeal from guilty plea conviction for conspiracy to possess with intent to distribute powder cocaine and crack and 262-month sentence was dismissed because defendant's appeal waiver was enforceable; district court had adopted parties' sentencing stipulations and imposed stipulated sentence.
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| United States v. Shelly, No. 05-3679,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 25, 2007, Decided
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Overview: Defendant's sentence of 210 months' imprisonment for a drug conviction under 21 U.S.C.S. § 841(a)(1) was reasonable. District court considered the factors in 18 U.S.C.S. § 3553(a) like defendant's youth, seven prior convictions, drug addiction, flight, and the fact that defendant struck and injured two officers with a car in an attempt to flee.
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