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   Federal Courts - 7th Circuit Court of Appeals - May 16, 2007

  
Borchert v. United States, No. 06-4418, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, May 16, 2007 * , Submitted* After an examination of the briefs and the record, we have concluded that oral argument is unnecessary. The appeal is submitted on the briefs and the record. See Fed. R. App. P. 34(a)(2)., May 16, 2007, Decided
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Overview: District court properly denied protester's 26 U.S.C.S. § 7609(b)(2) motion to quash summons issued by IRS to two banks for financial records relating to protester and his wife and businesses in which they had interest was affirmed because IRS's power to issue third-party summons did not violate Fourth Amendment rights of person investigated.

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Furkin v. Smikun, No. 07-1067, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, May 16, 2007 * , Submitted* After an examination of the briefs and the record, we have concluded that oral argument is unnecessary. Thus, the appeal is submitted on the briefs and the record. See Fed. R. App. P. 34(a)(2)., May 16, 2007, Decided
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Overview: Business operator's claims arising from a software developer's sale of rights in which the operator allegedly owned an interest were time-barred under 17 U.S.C.S. § 507 of the Copyright Act or the statute of limitations for conversion under 735 Ill. Comp. Stat. 5/13-205; application of equitable estoppel or fraudulent concealment was not warranted.

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United States v. Hunt, No. 07-1048, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, May 16, 2007 * , Submitted* After an examination of the briefs and the record, we have concluded that oral argument is unnecessary. Thus, the appeal is submitted on the briefs and the record. See Fed. R. App. P. 34(a)(2)., May 16, 2007, Decided
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Overview: Defendant was properly sentenced as an armed career criminal under 18 U.S.C.S. § 924(e)(1) because his prior conviction for failure to report to jail was a violent felony under § 924(e) as it involved conduct that presented a serious potential risk of physical injury to another under § 924(e)(2)(B)(ii).

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United States v. Rios, No. 06-3402, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, May 16, 2007, Submitted , May 16, 2007, Decided
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Overview: Any challenge to reasonableness of defendant's sentence would be frivolous as district court meaningfully considered 18 U.S.C.S. § 3553(a) factors, including his personal history and characteristics, seriousness of his offense, need to deter criminal conduct, and need to protect the public, before sentencing him at low end of guidelines range.

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United States v. Watzman, No. 05-4669, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, May 16, 2007, Decided
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Overview: In child pornography prosecution under 18 U.S.C.S. § 2252A(a)(5)(B), (a)(2)(A), (b)(1), district court properly denied defendant's motion to suppress because district court was entitled to rely on agent's expertise to conclude that agent's affidavit showed that there was fair probability that child pornography would be found in defendant's home.

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