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| Kemper/Prime Indus. Partners v. Montgomery Watson Ams., Inc., No. 05-1144,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, June 12, 2007, Decided ** This opinion is being released in typescript. A printed version will follow.
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Overview: District court properly dismissed property owner's negligent misrepresentation claim against company alleging that environmental assessment of property performed by company's predecessor was deficient because owner's evidence did not establish basis for assessment of damages with fair degree of probability sufficient to support its claim.
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| Lambert v. Buss, Nos. 03-1015 & 05-2610,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, June 12, 2007, Decided
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Overview: Death row inmate's motions to recall court's mandates in two prior challenges to his death sentence, which motions actually sought leave to file successive habeas petitions under 28 U.S.C.S. § 2244(b), were denied because he did not suggest actual innocence and authority he sought to add once two pending cases were decided would not be helpful.
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| Robinson v. City of Harvey, Nos. 04-3993 & 05-1192,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, June 12, 2007, Decided
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Overview: In this § 1983 action, the City's appeal was dismissed and the order awarding attorneys fees was affirmed because the notice of appeal was not timely and the instant court found that it did not agree that the degree of plaintiff's success in the litigation required the district court judge to lower the fee award.
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| United States v. Calabrese, Nos. 07-1962, 07-1969,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, June 12, 2007 * , Decided * The opinions are being released in typescript because of the imminence of the trial that they concern.
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Overview: The denial of defendants' motion to dismiss the indictment was affirmed because defendants were not being charged with murder, or arson, or intimidation, etc.; they were being charged with participating in a conspiracy to operate an enterprise by means of criminal acts that included, murder, arson, intimidation, etc.
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| United States v. Vallejo, No. 05-4196,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, June 12, 2007, Decided
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Overview: District court improperly thought that it could not impose a sentence below the advisory guidelines unless defendant rebutted a presumption of reasonableness. Because the district court believed that its discretion to select a reasonable sentence was more constrained than it was, a remand for resentencing was warranted.
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| Noesen v. Med. Staffing Network, Inc., No. 06-2831,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, June 13, 2007, Decided
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| United States v. Blinn, No. 06-2976,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, June 13, 2007, Decided
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Overview: Defendant's sentencing appeal was dismissed because it was barred by the appellate waiver provision in his plea agreement. Defendant was not deprived of benefit of his bargain when district court imposed supervised release term with home confinement on top of 16 month prison term as punishment for defendant's 18 U.S.C.S. § 1956(a)(1)(B)(i) offense.
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| United States v. McReynolds, No. 05-4169,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, June 13, 2007, Decided
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