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   Federal Courts - 7th Circuit Court of Appeals - May 14 - May 15, 2007

  
Beth-El All Nations Church v. City of Chicago, No. 06-2082, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, May 14, 2007, Decided
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Overview: Rooker-Feldman barred district court from exercising jurisdiction over action brought by church arising out of city's acquisition of tax deed to church property because state court system was not closed to church as it could have argued in 735 Ill. Comp. Stat. 5/2-1401 proceeding that tax deed judgment was void due to property being tax exempt.

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Chun Rong Jiang v. Gonzales, No. 06-3142, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, May 14, 2007, Decided
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Overview: In a proceeding where a Chinese Christian alien applied for asylum under 8 U.S.C.S. § 1158, the IJ erred in a negative credibility determination when he concluded that the alien lacked knowledge about Christianity based not on the record but on the IJ's own beliefs about Christianity and what should be common knowledge for Christians in China.

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Minch v. City of Chicago, No. 05-2702, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, May 14, 2007, Decided
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Overview: Where a CBA between firefighters and their city employer did not preclude the adoption of a mandatory retirement age policy, the CBA thus did not give the firefighters a protected property interest in continued employment regardless of their age. Firefighters forced to retire under the policy were therefore not deprived of due process.

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United States v. Radziszewski, No. 06-1559, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, May 14, 2007, Decided
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United States v. Strong, No. 05-3557, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, May 14, 2007, Decided
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Overview: Trial court did not abuse its discretion when it admitted evidence of uncharged conduct, including evidence of drug dealing at a particular home, in defendant's trial for possessing a gun and ammunition as a felon, in violation of 18 U.S.C.S. § 922(g), because the evidence was not unduly prejudicial and helped prove defendant's knowing possession.

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Miller v. Asbach, No. 06-3628, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, May 15, 2007, Decided
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Overview: District court properly held that Assistant United States Trustee was immune from debtor's constitutional claims because claim against trustee in his official capacity was claim against U.S. over which district court lacked subject matter jurisdiction, and claim against him in his individual capacity was barred as he acted in judicial function.

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SEC v. Nat'l Presto Indus., No. 05-4612, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, May 15, 2007, Decided
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Overview: Firm's refunded mutual bonds were not "Government securities" under 15 U.S.C.S. § 80a-2(a)(16) and its "variable-rate demand notes" were not "cash items," so firm came within 40 % test and was investment company under 15 U.S.C.S. § 80a-3(a)(1)(A), but because it fell under § 80a-3(b)(1) exception, it did not have to register as investment company.

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United States v. Evans, No. 05-1091, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, May 15, 2007, Decided
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Overview: Defendant's insider trading and fraud convictions under federal securities law were affirmed because earlier acquittals of tipper on all charges and of defendant on conspiracy charge did not prevent properly instructed second jury from finding that tips were unlawful and that defendant, by knowingly trading on that information, violated law.

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United States v. Holt, No. 05-4286, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, May 15, 2007, Decided
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Overview: Defendant was properly convicted of being a felon in possession of a firearm, since defendant was properly precluded from cross-examining police officers concerning prior discipline, the prosecution was not required to introduce conflicting statements of a witness who did not testify, and defendant's sentence was adequately explained.

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