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   Federal Courts - 7th Circuit Court of Appeals - April 26 - April 27, 2007

  
Bennett v. Southwest Airlines Co., No. 06-3486, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 26, 2007, Decided
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Overview: For purposes of removing an aviation accident case from state court to federal court under 28 U.S.C.S. § 1441, the case did not arise under federal law simply due to the existence of federal aviation standards. Because the case involved a fact-specific application of rules stemming from both federal and state law, it was subject to remand.

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Lockheart v. Drapiewski, No. 05-2816, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 26, 2007, Decided
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Overview: Police officers were entitled to summary judgment in an arrestee's § 1983 action alleging a Fourth Amendment excessive force claim when the arrestee provided no evidence to support his claim or to rebut the officers' statements that they used only reasonable force during the arrest and did not assault the arrestee while he was in their custody.

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Reischel v. Mfrs. & Traders Trust Co., No. 06-3301, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 26, 2007, Decided
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United States v. Pulley, No. 06-3337, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 26, 2007, Decided
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Overview: Defendant's appeal from her guilty plea conviction and sentence for distributing crack cocaine, a violation of 21 U.S.C.S. § 841(a)(1), was dismissed and counsel was granted leave to withdraw because district court engaged in a thorough Fed. R. Crim. P. 11 colloquy with defendant and defendant's below-guidelines sentence was not unreasonable.

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United States v. Robinson, No. 06-2512, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 26, 2007, Decided
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Overview: The evidence was sufficient for a defendant's conviction under 21 U.S.C.S. § 846 because the defendant and his supplier had an extensive relationship, as evidenced by a pen register capture of over 800 phone calls between the two during the period in question, and the defendant regularly purchased amounts of cocaine larger than for personal use.

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Afi M. Apouviepseakoda v. Gonzales, No. 05-3752, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 27, 2007, Decided
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Novak v. Nicholson, No. 06-3180, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 27, 2007, Decided
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Overview: The grant of summary judgment to the employer on the employee's Rehabilitation Act of 1973 and Title VII claims was affirmed because the employee had not presented any evidence that a vacant position existed for which he was qualified and the employee failed to present evidence of conduct sufficiently severe to constitute a constructive discharge.

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United States v. Krueger, No. 06-3406, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 27, 2007, Decided
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United States v. Morris, No. 06-3481, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 27, 2007, Decided
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Overview: District court improperly granted defendant's motion to suppress because officers sought and obtained search warrant from state court judge, creating presumption that they acted in good faith, and defendant failed to overcome presumption of good faith, so even if probable cause did not support search warrant, evidence was nonetheless admissible.

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