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   Federal Courts - 7th Circuit Court of Appeals - May 1, 2007

  
Duran v. Sirgedas, Nos. 05-4278 & 05-4590, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, May 1, 2007, Decided
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Overview: In this action involving violations of 42 U.S.C.S. § 1983, the Fourth and Fourteenth Amendments, a sergeant was entitled to qualified immunity because it was objectively reasonable for the sergeant to rely on an officer's statement as a basis for believing probable cause existed to arrest one plaintiff.

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United States v. Craft, No. 06-3524, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, May 1, 2007, Decided
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Overview: Sufficient evidence existed for a jury to convict defendant of setting fires to violate 42 U.S.C.S. § 3631 because there was testimony that defendant made numerous racist remarks and vulgar racial epithets during the relevant time frame and with reference to the fire victims. Whether defendant had additional motives as well was irrelevant.

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United States v. Emerson, No. 06-2153, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, May 1, 2007, Decided
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Overview: Defendant's 262-month, within-guidelines sentence for his firearm and drug convictions was affirmed because record showed that district court appropriately weighed sentencing factors of 18 U.S.C.S. § 3553(a) before sentencing defendant, and defendant's argument about crack and powder cocaine disparity was foreclosed by judicial precedent.

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United States v. Lundy, No. 06-2749, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, May 1, 2007, Decided
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Overview: Defendant did not show that he was entitled to withdraw his guilty plea under Fed. R. Crim. P. 11(d)(2)(B) due to ineffective assistance of counsel; it was irrelevant that the plea agreement was made shortly before trial was scheduled, and defendant did not show that counsel made inaccurate representations regarding sentencing.

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United States v. Lyles, No. 06-2484, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, May 1, 2007, Decided
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Overview: The judgment denying defendant's motion for continuance, filed on the eve of trial, was affirmed; given the trial judge's previous grants of extra time and defendant's last-minute request, the trial judge was entitled to conclude that defendant had already been afforded a "fair opportunity" to find counsel of her choice.

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