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   Federal Courts - 7th Circuit Court of Appeals - May 19 - May 22, 2006

  
Bradfisch v. Templeton Funds, Inc., No. 05-3390, Nos. 05-3558, 05-3559 & 05-3586, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, May 19, 2006, Decided
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United States v. Brummitt, No. 05-1468, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, May 19, 2006, Decided
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Overview: Because the district court applied both U.S. Sentencing Guidelines Manual § 2G2.4(b)(2) and § 2G2.4(b)(5)(D) when it sentenced defendant for possession of child pornography, at resentencing the district court had to disregard § 2G2.4(b)(2) because it was later amended out of the guidelines and was wholly encompassed by § 2G2.4(b)(5)(A).

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United States v. Fernandez-Reyes, No. 04-2404, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, May 19, 2006, Decided
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United States v. Pulley, No. 05-4603, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, May 19, 2006, Decided
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United States v. Santiago-Ochoa, No. 04-3338, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, May 19, 2006, Decided
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Overview: The district court properly denied a motion to dismiss the indictment because defendant did not satisfy the requirements of 8 U.S.C.S. § 1326(d) where he failed to exhaust his administrative remedies or show that the prior removal order was fundamentally unfair; his Booker contention was frivolous, but a limited remand was ordered.

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Fuesting v. Zimmer, Inc., No. 04-2158, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, May 22, 2006, Decided
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Overview: A motion for reconsideration was granted. Although court properly concluded that manufacturer was prejudiced by improper admission of expert testimony in negligence and strict liability suit, it erred in ordering entry of judgment in manufacturer's favor. Pursuant to Unitherm Food Systems, court could not evaluate sufficiency of remaining evidence.

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Jenkins v. Yager, No. 04-4258, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, May 22, 2006, Decided
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Taylor v. Bradley, No. 04-4061, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, May 22, 2006, Decided
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Overview: State inmate was properly denied habeas relief under 28 U.S.C.S. § 2254 based on a claim of ineffective assistance of counsel where there was overwhelming evidence that the inmate was guilty of armed robbery; the inmate therefore could not have been prejudiced by counsel's failure to object to the prosecutor's allegedly improper questions.

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United States v. White, No. 05-2040, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, May 22, 2006, Decided
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