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   Federal Courts - 7th Circuit Court of Appeals - April 28, 2006

  
Lewis v. Washington, No. 04-3799, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 28, 2006, Decided
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Overview: Correctional officers were properly granted summary judgment on inmate's § 1983 claim that officers conspired to deny him his right of access to the courts because no reasonable factfinder could infer that officers proximately caused inmate's failure to appeal denial of his grievance simply by failing to respond to additional grievances.

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Pannell v. Davis, No. 05-4342, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 28, 2006, Decided
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Overview: District court should have dismissed inmate's second habeas corpus petition, challenging second disciplinary hearing, alleging deficient notice, because he had previously filed collateral attack on second hearing, so second petition was successive, and he failed to obtain prior approval to file successive petition under 28 U.S.C.S. § 2244(b)(3)(A).

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United States v. Baker, No. 05-2499, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 28, 2006, Decided
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Overview: The Government's sentencing appeal was denied. Sentencing memorandum and sentencing hearing statements showed that district court had properly considered 18 U.S.C.S. § 3553(a) sentencing factors and had adequately explained rationale for departing from sentencing range and imposing 87 month term on defendant, who violated 18 U.S.C.S. § 2252A(a)(1).

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United States v. Johnson, No. 05-1579, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 28, 2006, Decided
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Overview: Court granted counsel's motion to withdraw and dismissed defendant's appeal because although government did not catch defendant with drugs, and his conviction relied on testimony of admitted drug dealer, it would be frivolous to contend that jury was not allowed to believe witness's testimony regarding drug transaction with defendant.

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United States v. Lange, No. 05-2787, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 28, 2006, Decided
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Overview: Appeals court affirmed 55 month sentence imposed on defendant who pleaded guilty to distributing child pornography but sought downward departure under U.S.S.G. § 5K2.13 on claim that his "Asperger's-like" illness kept him from controlling compulsion because sentence was presumptively reasonable both under Guidelines and under 18 U.S.C.S. § 3553(a).

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Wang v. Gonzales, No. 05-1344, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, April 28, 2006, Decided
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Overview: Court upheld BIA ruling that foreign national was not entitled to asylum or withholding of removal due to fear that former associates, who were prosecuted by U.S. for criminal offenses with her help, would harm her if she was removed to home country since fear of such reprisal was not recognized ground for asylum under 8 U.S.C.S. § 1101(a)(42)(A).

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