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   Federal Courts - DC Circuit Court and Court of Appeals - January 3 - January 5, 2007

  
Al-Bandar v. Bush, No. 06-5425, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, January 3, 2007, Filed
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Albert v. Starbucks Coffee Co., No. 06-7032, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, January 3, 2007, Filed
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Overview: Dismissal of appellant's suit as Fed. R. Civ. P. 37(b)(2) sanction for failure to comply with order compelling his attendance at a deposition was affirmed; appellant's motion for protective order, which was filed after order compelling attendance, did not excuse his attendance at deposition where appellant was informed that only a stay would do so.

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Matthews v. United States DOJ Exec. Office for United States Attys., No. 06-5159, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, January 3, 2007, Filed
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United States v. Herrion, No. 04-3069, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, January 4, 2007, Filed
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Overview: Sufficient evidence supported 18 U.S.C.S. § 922(g)(1) conviction, as defendant's proximity to firearm, coupled with furtive gestures, were sufficient to establish he constructively possessed firearm. Conclusion was supported by fact that government presented evidence defendant admitted to ownership of syringe and drug paraphernalia near firearm.

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Public Citizen v. United States Dist. Court, No. 06-5232, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, January 5, 2007, Filed
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Sacramento Mun. Util. Dist. v. FERC, No. 05-1231, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, January 5, 2007, Decided
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Overview: In a 16 U.S.C.S. § 824d case, a local utility's petition for review of a decision by FERC denying it the chance to continue purchasing transmission services through a contract that expired was denied as the termination of service was not discriminatory, and the utility could not collaterally attack the adequacy of the service under a new tariff.

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United States v. Jones, No. 05-3166, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, January 5, 2007, Decided
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Overview: Where district court specifically stated that defendant's guilty plea was accepted subject to review of plea agreement and presentence report, plea had been accepted. If defendant wished to withdraw plea, he had to offer fair and just reason under Fed. R. Crim. P. 11(d)(2)(B), rather than being able to withdraw for any reason under Rule 11(d)(1).

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