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   Federal Courts - 7th Circuit Court of Appeals - April 30, 2007

  
Bhd. of Maint. of Way Emples. v. CSX Transp., Inc., No. 06-2744, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 30, 2007, Decided
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Huppert v. Potter, No. 06-4018, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 30, 2007, Decided
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Overview: The grant of summary judgment to the employer on the employee's Rehabilitation Act of 1973 claims was affirmed because the employee failed to provide any evidence of a substantial limitation and there was no evidence that the employee's supervisors were aware that the employee filed a complaint with the employer's EEO office.

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United States v. Andrews, No. 06-3343, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 30, 2007, Decided
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Overview: District court did not commit clear error in adopting an abuse of trust enhancement under U.S. Sentencing Guidelines Manual § 3B1.3 when sentencing defendant for his 18 U.S.C.S. § 1341 mail fraud crime. Customers' trust was fostered by fact that defendant held a retail vehicle dealer license. License facilitated commission and concealment of crime.

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United States v. Franklin, No. 06-3462, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 30, 2007, Decided
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Overview: District court erred in adopting dangerous weapon enhancement under U.S. Sentencing Guidelines Manual § 2D1.1(b)(1) based on pocket knife that defendant stored in his van. Fact that officers did not confiscate knife after seizing drugs from van indicated that they did not believe that knife was connected to defendant's 21 U.S.C.S. § 843(b) offense.

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United States v. Malone, No. 06-2915, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 30, 2007, Decided
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Overview: District court properly denied defendant's motion for a new trial based on ineffective assistance of trial counsel because deficient representation violating defendant's Sixth Amendment rights could not be presumed from the counsel's failure to file a suppression motion. The decision could have been tactical and based on plausible reasoning.

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United States v. Trice, Nos. 05-3347, 05-3349, 05-4169, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 30, 2007, Decided
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Overview: The within-guidelines sentences imposed after defendants pleaded guilty to 21 U.S.C.S. §§ 841(a), 846, drug distribution conspiracy offense were presumptively reasonable. District court adequately considered mitigation arguments and 18 U.S.C.S. § 3553(a) factors. An equal protection challenge to 100:1 crack to cocaine sentencing ratio lacked merit.

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Vincent v. City Colleges of Chicago, No. 06-3082, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 30, 2007, Decided
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Overview: District court improperly dismissed author's copyright and trademark violation complaint. Fed. R. Civ. p. 8 did not require author to plead her registration number; Copyright Act did not require that author terminate her consent to publish in writing; and issue existed about whether the publisher received the author's mailed and faxed termination.

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