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| Forty One News, Inc. v. County of Lake, No. 05-4630,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, June 27, 2007, Decided
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Overview: A district court properly concluded that Younger abstention doctrine applied to adult bookstore owner's § 1983 suit challenging Lake County, Ill., Ordinance 6:1-15. Although § 1983 suit was filed before quasi-criminal enforcement proceeding, nothing of substance on merits had yet occurred. Owner could raise its constitutional claims in state court.
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| Kasberger v. Astrue, No. 06-3868,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, June 27, 2007, Decided
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Overview: The judgment denying a social security claimant's application for supplemental security income was affirmed because the ALJ did exactly what she was supposed to do when presented with competing medical evidence: she evaluated it and favored the more persuasive evidence, namely the evidence given by the examining psychologist.
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| Kidd v. Kingston, No. 07-1691,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, June 27, 2007, Decided
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| Leguizamo-Medina v. Gonzales, No. 06-4039,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, June 27, 2007, Decided
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Overview: A petition for review, challenging decision denying alien's application for cancellation of removal under 8 U.S.C.S. § 1229b, was dismissed pursuant to 8 U.S.C.S. § 1252(a)(2)(B)(i) because court lacked subject matter jurisdiction over it. Exception found in § 1252(a)(2)(D) did not apply because alien did not raise any legal challenges in petition.
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| Mutitu v. Gonzales, No. 06-3056,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, June 27, 2007, Decided
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Overview: Appellate court did not have jurisdiction to review an alien's asylum claim because the IJ denied the asylum claim based on untimeliness under 8 U.S.C.S. § 1158(a)(2), and the IJ's untimeliness finding was a factual finding based on its view that there were no extraordinary circumstances excusing the alien's failure to file a timely application.
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| Sims-Fingers v. City of Indianapolis, No. 06-2198,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, June 27, 2007, Decided
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Overview: City was properly granted summary judgment in action brought by female manager of city park alleging violation of Equal Pay Act, 29 U.S.C.S. § 206(d)(1), because male managers who were paid more managed larger parks than employee that either had water facilities or generated significantly higher income and patronage than her small park.
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| United States v. Flory, No. 06-2472,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, June 27, 2007, Decided
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Overview: Because the district specifically explained that it was sentencing defendant based on its consideration of the sentencing criteria of § 3553(a) and that the United States Sentencing Guidelines were "now non-mandatory," the district court did not err in sentencing defendant.
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| United States v. Goldberg, No. 07-1393,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, June 27, 2007, Decided
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Overview: Where defendant was convicted of violating 18 U.S.C.S. § 2252A(a)(5)(B) by downloading hundreds of images of child pornography for his own prurient interests, the district court judge's imposition of a one-day sentence with supervised release was an abuse of discretion and an unreasonable balancing of the 18 U.S.C.S. § 3553(a) sentencing factors.
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| United States v. Nguyen, No. 06-3035,
UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, June 27, 2007, Decided
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Overview: Defendant's drug convictions prosecuted on an aiding-and-abetting theory were affirmed because, while defendant contended that the jury instruction on aiding-and-abetting deviated from pattern instructions, because the challenged instructions correctly stated the law for the only disputed issue in defendant's trial, they did not prejudice him.
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