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   Federal Courts - 7th Circuit Court of Appeals - May 10, 2007

  
Bahler v. Lopez, No. 06-2616, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, May 10, 2007, Decided
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Overview: District court erred in dismissing inmate's pro se § 1983 suit under 28 U.S.C.S. § 1915A on ground that it was untimely filed. An initial letter that inmate sent to district court should have been docketed as civil rights complaint, even though inmate did not meet C.D. Ill. Civ. R. 16.3(A)(8) requirements. That letter tolled statute of limitations.

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Lamon v. Sandidge, No. 06-4149, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, May 10, 2007 * , Submitted* Appellees notified this court that they were never served with process in the district court and consequently have not filed a brief in this appeal. After examining the appellant's brief and the record, we have concluded that oral argument is unnecessary. Accordingly, the appeal is submitted on the appellant's brief and the record. See Fed. R. App. P. 34(a)(2)., May 10, 2007, Decided
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Overview: District court erred in dismissing property owner's Fourth Amendment claim that mayor, and through him, the city, knowingly authorized his arrest without probable cause because district court had to accept truth of owner's allegations as they were not contradicted; owner's claims of unspecified harassment by unnamed people were properly dismissed.

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Matthew v. Honish, No. 07-1369, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, May 10, 2007 * , Submitted* No defendant appeared in the district court or has participated in this appeal. After an examination of the appellant's brief and the record, we have concluded that oral argument is unnecessary. Thus the appeal is submitted on the appellant's brief and the record. See Fed. R.App. P. 34(a)(2)., May 10, 2007, Decided
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Overview: District court properly dismissed plaintiff's case against state trooper alleging that citations for violating licensing and registration laws violated his "right to travel" because without vehicle licenses, plaintiff was denied only single mode of transportation, in car driven by himself, and that did not impermissibly burden his right to travel.

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Moreno-Cebrero v. Gonzales, No. 05-4105, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, May 10, 2007, Decided
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Overview: Pretrial detention of alien charged with removability under 8 U.S.C.S. § 1227(a)(2)(A)(iii), (a)(2)(B)(i), counted toward five-year period of time he served for felony for purposes of INA § 212(c) because detention was related to crime of conviction as 18 U.S.C.S. § 3585(b) gave him benefit of credit toward service of sentence for time he served.

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United States v. Genendo Pharm., N.V., No. 05-4608, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, May 10, 2007, Decided
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Overview: District court properly granted U.S.'s motion for seizure and condemnation of prescription drug pharmaceutical company attempted to import into U.S. for repackaging and distribution because exemption in 21 U.S.C.S. § 353(a), as implemented by 21 C.F.R. § 201.150, did not excuse company's compliance with an FDA-approved new drug application.

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United States v. Kirksey, No. 06-2854, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, May 10, 2007, Decided
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Overview: District court properly denied defendant's motion to suppress gun discovered after police had stopped car in which he was riding because officer lawfully stopped car based on reasonable suspicion that smudged temporary plate might have been altered to disguise stolen car and properly conducted background checks as part of necessary investigation.

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United States v. Luckabaugh, No. 07-1238, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, May 10, 2007, Submitted , May 10, 2007, Decided
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Overview: Defendant's sentence to statutory maximum of 240 months, 30 months above guidelines range, for his possession of child pornography conviction under 18 U.S.C.S. § 2252A(a)(5) was affirmed because district court believed he was unable to abstain from victimizing children and wanted to protect potential victims from him for as long as possible.

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United States v. Matthews, No. 06-4001, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, May 10, 2007, Submitted , May 10, 2007, Decided
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Overview: Defendant's 78-month sentence was reasonable because it was less than applicable guidelines range of 180 months pursuant to U.S. Sentencing Guidelines Manual § 5G1.1(b) and district court justified overall sentence in light of 18 U.S.C.S. § 3553(a) factors, including circumstances giving rise to offense and defendant's lack of prior criminality.

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United States v. Michel-Duran, No. 06-3454, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, May 10, 2007, Submitted , May 10, 2007, Decided
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Overview: Argument that a district court erred by refusing to dismiss an indictment for a violation of 8 U.S.C.S. § 1326(a) on statute of limitations grounds under 18 U.S.C.S. § 3282 would have been frivolous because the statute was not triggered until immigration officials knew of defendant's unlawful presence in the country after having been deported.

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United States v. Simmons, No. 06-3894, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, May 10, 2007, Decided
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Overview: Sentence imposed upon defendant's conviction for dealing in firearms without a license was affirmed because USSG § 2K2.1(a)(5) was properly used to calculate sentence as 18 U.S.C.S. § 921(a)(30) was in effect when defendant committed offense and USSG § 2K2.1(a)(5) appeared in 2005 version of guidelines under which he properly was sentenced.

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