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   Federal Courts - 7th Circuit Court of Appeals - June 28 - June 29, 2007

  
F:A J Kikson v. Underwriters Labs., Inc., No. 06-3766, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, June 28, 2007, Decided
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Overview: Decision in favor of a manufacturer on its tortious interference claim against a nonprofit that certified products meeting certain standards was reversed because there was no evidence that the nonprofit interacted with a potential customer or competitor of the manufacturer to purposefully disrupt the manufacturer's business prospects.

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Flaningam v. County of Winnebago, No. 06-2343, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, June 28, 2007, Decided
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Overview: District court properly entered summary judgment against a terminated employee as to his U.S. Const. amend. XIV claim because Winnebago County, Ill., County Code ch. 62 did not create enforceable property interest in his continued employment with county. No federal claim arose from fact that defendants did not follow proper termination procedures.

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Kochert v. Adagen Med. Int'l, Inc., No. 05-4483, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, June 28, 2007, Decided
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Overview: Doctor's fraudulent inducement claim against medical equipment sellers was properly dismissed under Fed. R. Civ. P. 12(b)(3) due to improper venue; a forum selection clause that required suit to be brought in a Georgia state court was not limited to claims for breach of contract and encompassed the fraudulent inducement claim.

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United States v. Blake, No. 06-3390, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, June 28, 2007, Decided
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United States v. Hale, No. 06-3836, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, June 28, 2007, Decided
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Overview: District court did not err by applying the Armed Career Criminal Act (ACCA), 18 U.S.C.S. § 924, to defendant's prior felonies, including two robberies that occurred on the same day. The robberies were considered two separate offenses for purposes of the ACCA because they involved different victims, different stores, and different weapons.

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United States v. Roman, No. 06-3450, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, June 28, 2007, Decided
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Overview: Defendant's conviction for filing false tax return was affirmed because it was undisputed that defendant, a full-time police officer who had a part-time job working security at a "gentlemen's club," received cash in payment for his work at the club and did not report it as income on his tax returns and he had no conceivable defense to the charge.

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United States v. Sachsenmaier, No. 05-3505, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, June 28, 2007, Decided
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Overview: Defendant's 21 U.S.C.S. §§ 841, 846, convictions and his within-guidelines 262 month sentence were affirmed on appeal. The district court did not commit reversible error in denying suppression motion, government's evidence was sufficient to support convictions, district court followed proper sentencing procedures, and sentence was not unreasonable.

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United States v. Vega, No. 06-4089, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, June 28, 2007, Decided
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Overview: The appellate court agreed with defendant's attorney that any challenge to the reasonableness of the new, lower prison sentence was frivolous because the district judge listened to defendant's arguments, adequately explained defendant's within-range sentence, and gave meaningful consideration to the 18 U.S.C.S. § 3553(a) factors.

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United States v. Petty, No. 06-4394, UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT, June 29, 2007, Decided
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Overview: Where defendant did not contest that he violated the terms of his supervised release, and where the court in imposing a return prison term considered both the sentencing guidelines and the factors under 18 U.S.C.S. § 3553(a), there were no non-frivolous grounds for appeal. Defendant's appointed counsel was thus permitted to withdraw.

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