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   Federal Courts - DC Circuit Court and Court of Appeals - February 10 - February 14, 2006

  
Broderick v. Donaldson, No. 04-5404, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, February 10, 2006, Decided
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Overview: Summary judgment favorable to the Securities and Exchange Commission (SEC) was affirmed because plaintiff employee failed to state a prima facie case of retaliation; additionally, the district court did not abuse its discretion in deciding not to hold the SEC in contempt of a 1988 order entered in a previous sexual harassment suit.

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Lightfoot v. D.C., No. 05-7028, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, February 10, 2006, Filed
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Tripoli Rocketry Ass'n v. BATFE, No. 04-5453, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, February 10, 2006, Decided
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Overview: Decision of the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATFE) to designate ammonium perchlorate composite propellant (APCP) as an explosive under 18 U.S.C.S. § 841(d) could not be sustained because the ATFE's explanation for its determination that APCP deflagrates lacked any coherence, and the case was remanded.

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United States v. Johnson, No. 04-3144, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, February 10, 2006, Decided
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Overview: The evidence was sufficient to support defendant's conviction for possession of cocaine base under 21 U.S.C.S. § 841 because a forensic chemist testified that the substance recovered from her apartment was cocaine base, and officers testified that the recovered drugs were "rock" or "white rock."

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United States v. Tabron, No. 03-3156, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, February 10, 2006, Decided
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Overview: Because the district court made no explicit finding as to the scope of defendant's conspiratorial agreement, the court vacated a two-level gun enhancement it had applied to his sentence under U.S. Sentencing Guidelines Manual § 2D1.1(b)(1) based on the weapons possession of alleged co-conspirators.

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Washburn v. Lavoie, No. 04-7158, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, February 10, 2006, Decided
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Overview: Plaintiff's defamation and false light invasion of privacy claims against college students were properly dismissed, as students' interests in avoiding discipline from university, averting eviction, and guarding against plaintiff's threatened common-law nuisance suit were sufficiently important to implicate the qualified privilege of self-defense.

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Hall v. CIA, No. 04-5235, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, February 14, 2006, Decided
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Overview: Where plaintiff's challenges to an agency's fees under the FOIA were mooted because the agency waived the fees and released documents, but a second suit was filed on a new request and the agency asserted preclusion, prior orders on the fee issues were vacated so that plaintiff would not be precluded from litigating those issues in the second suit.

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Judd v. United States, No. 05-5289 Consolidated with 05-5290, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, February 14, 2006, Filed
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Overview: Although the court construed appellant's briefs as containing requests for a certificate of appealability pursuant to 28 U.S.C.S. § 2253, no certificate of appealability was issued because appellant failed to make a substantial showing of the denial of a constitutional right.

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Wilcox v. Sisson, No. 05-7038, UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT, February 14, 2006, Filed
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