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| Bintzler v. Gonzales, No. 06-2789,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, June 21, 2007, Decided
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Overview: Appellate court failed to see how the inmate's federal sentence could be considered to have commenced in 1994 for purposes of 18 U.S.C.S. § 3585(a); ultimately, however, the time of commencement made no difference because, once it learned of the error, the BOP credited all his time in state custody against his federal sentence.
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| Gutierrez-Almazan v. Gonzales, No. 05-4494,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, June 21, 2007, Decided
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Overview: Alien's petition for review of BIA's denial of his motion to file a late brief was granted and the matter was remanded to the BIA because the BIA had given the court no indication that it took account of the alien's pro se status, education, language skills, or any other factors that might be relevant to the merits of his motion.
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| Hoosier Care, Inc. v. Chertoff, No. 06-3562,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, June 21, 2007, Decided
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| United States v. Gonzalez, Nos. 06-2758 and 06-2896,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, June 21, 2007, Decided
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Overview: Given a criminal history of repeated gun offenses, defendant's 163-month sentence for selling cocaine in violation of 21 U.S.C.S. § 841(a)(1), and possessing a firearm as a felon, in violation of 18 U.S.C.S. § 922(g)(1), was reasonable. Further, the district judge clearly considered the statutory sentencing factors under 18 U.S.C.S. § 3553(a).
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| United States v. Nelson, No. 05-3624,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, June 21, 2007, Decided
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Overview: District court was affirmed because the sentencing judge did not err in calculating defendant's advisory range in a manner that closely reflected a plain reading of the U.S. Sentencing Guidelines, which required a finding that the applicable range for a mandatory minimum sentence of life was life, which could only be found at offense level 43.
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| United States v. Rand, No. 06-2374,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, June 21, 2007, Decided
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| United States v. Watters, No. 06-3650,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, June 21, 2007, Decided
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Overview: District court did not err in denying defendant relief under the "safety valve" pursuant to 18 U.S.C.S. § 3553(f) and USSG §§ 5C1.2, 2D1.1(b)(7) because defendant had consistently denied that he intended to distribute any marijuana and he had not provided the government with complete and truthful information concerning the offense.
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| Williams v. Bartow, No. 05-4736,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, June 21, 2007 *, Decided * This chambers opinion was released initially in typescript form., June 21, 2007 *, Filed * This chambers opinion is being released initially in typescript form.
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Overview: Court denied petitioner's motion for appointment of counsel to help prepare petition for certiorari to United States Supreme Court because counsel's advice that there were no reasonable grounds for seeking writ fulfilled his responsibility of assessing merits of case and advising his client of whether there were reasonable grounds for seeking writ.
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| In re Ocwen Loan Servicing, LLC, No. 06-3132,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, June 22, 2007, Decided
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Overview: Denial of a motion to dismiss filed by a federal savings and loan association sued under a rambling complaint alleging violations of various federal and state laws was affirmed because the complaint was too vague and unclear for the court to make a definitive ruling on whether certain claims were preempted by the Home Owners' Loan Act.
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