Court of Appeals for the Eleventh Circuit Court Cases

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  1. United States v. Quan Chau (2005)

    Quan Chau appeals his 57-month concurrent sentences imposed for convictions on: one count of conspiracy to possess with intent to distribute more than 700 units of 3, 4-methylenedioxymethamphetamine (usually known as MDMA or ecstasy) in violation of 18 U.S.C. § 2 and 21 U.S.C. §§ 841(a)(1) and 846; three counts of possession with intent to distribute MDMA in violation of 18 U.S.C. § 2 and 21 U.S.C. § 841(a)(1); and one count of attempt to distribute MDMA in [...]

    Court: Court of Appeals for the Eleventh Circuit Docket: 05-10640
  2. Terri Vinyard v. Steve Wilson (2002)

    Plaintiff Terri Vinyard appeals from the district court's grant of summary judgment (1) to defendant Officer Patrick Stanfield individually on her § 1983 claim for excessive force during her arrest, and (2) to defendant Sheriff Steve Wilson individually on her fraud and § 1983 claims for failure to investigate her excessive force complaint. After review and oral argument, we conclude Sheriff Wilson was entitled to qualified immunity but Officer Stanfield was not. Thus, we affirm [...]

    Court: Court of Appeals for the Eleventh Circuit Docket: 02-10898
  3. Anibal S. Mazariegos v. Office of the U.S. Attorney General (2001)

    This is a petition for review of a decision by the Board of Immigration Appeals ("BIA") of the Immigration and Naturalization Service ("INS"). Petitioner Anibal Mazariegos is a Guatemalan citizen who applied for asylum in the United States on the ground that he has a well-founded fear of persecution due to his political beliefs. Specifically, Mazariegos contends that he has been persecuted, and fears he will be again, by Guatemalan guerrillas who allegedly targeted him for his [...]

    Court: Court of Appeals for the Eleventh Circuit Docket: 99-4410
  4. Billy D. Crawford v. Comm. of Social Security (2004)

    Billy D. Crawford appeals the district court's order affirming the Commissioner's denial of his applications for disability insurance benefits and supplemental social security income, 42 U.S.C. §§ 405(g), 1383(c). On appeal, Crawford argues that the Administrative Law Judge ("ALJ") erred by (1) discrediting the opinions of his treating physicians and chiropractor, and (2) failing to consider consultative psychologist Tracy Hartig's opinion that Crawford had "marked" [...]

    Court: Court of Appeals for the Eleventh Circuit Docket: 03-15270
  5. Murray v. United States (1998)

    [PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 96-3807 Non-Argument Calendar ________________________ D.C. Docket No. 96-1619-CIV-T-17B JASON TODD MURRAY, Petitioner-Appellant, versus UNITED STATES OF AMERICA, [...]

    Court: Court of Appeals for the Eleventh Circuit Docket: 96-3807
  6. United States v. Williams (2008)

    In these consolidated appeals, Joya Williams appeals her conviction and 96-month sentence, and Ibrahim Dimson appeals his 60-month sentence, for conspiracy to commit theft of trade secrets, in violation of 18 U.S.C. § 1832(a)(1), (3), and (5).


    Court: Court of Appeals for the Eleventh Circuit Docket: 07-12526
  7. United States v. John Windell Clay (2007)

    The main question presented in these cross-appeals is the contention of the government that John Windell Clay's 60-month sentence for possessing methamphetamine precursors is unreasonably lenient, when the advisory Guidelines range was 188 to 235 months and the variance was based primarily on Clay's postoffense rehabilitation. Several witnesses, including drug counselors and corrections workers, testified at Clay's sentencing hearing that Clay's rehabilitation was extraordinary, and the [...]

    Court: Court of Appeals for the Eleventh Circuit Docket: 06-10088
  8. United States v. Jennifer Aguillard (2000)

    Aguillard concedes that 18 U.S.C. 3583 authorizes the district court to revoke her term of supervised release and impose a maximum term of two years' imprisonment. But she argues that although the policy statements of chapter seven of the sentencing guidelines are not binding, the sentencing court must at least consider them in revocation proceedings. Aguillard points out that under U.S.S.G. 7B1.4 she would be subject to a three- to nine-month term of imprisonment, and that two-year [...]

    Court: Court of Appeals for the Eleventh Circuit Docket: 99-13358
  9. United States v. Ashanti Sweeting (2006)

    Appellant Ashanti Sweeting appeals his 24-month sentence imposed upon the revocation of his supervised release, pursuant to 18 U.S.C. § 3583(e). Sweeting was on supervised release based on his conviction for distributing a detectable amount of cocaine base, for which he was sentenced to 100 months imprisonment to be followed by a four-year term of supervised release (hereinafter referred to as "case no. 99-10029"). Sweeting was convicted in another unrelated case for distributing a [...]

    Court: Court of Appeals for the Eleventh Circuit Docket: 05-11062
  10. Albert E. Lassiter v. Alabama a & M University (1994)

    J. Lewis Sapp, Stanford G. Wilson, R. Read Gignilliat, William D. Deveney, Walter O. Lambeth, Jr., Atlanta, GA, for amicus curiae--Association County Commissioners of Ga., and Ga. Municipal Assn.


    Court: Court of Appeals for the Eleventh Circuit Docket: 92-6295
  11. Sanchez v. US Attorney General (2004)

    Maria Eugenia Elian Sanchez petitions this court to review the final order of the Board of Immigration Appeals (BIA) affirming the decision of an immigration judge (IJ) denying her applications for asylum, withholding of removal under the Immigration and Nationality Act (INA), and protection under the Convention against Torture (CAT). The permanent rules of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, Pub.L. No. 104-208, 110 Stat. 30009 (1996) ("IIRIRA"), [...]

    Court: Court of Appeals for the Eleventh Circuit Docket: 03-16260
  12. Christi L. Moore v. Jo Anne B. Barnhart (2005)

    Stephen Thompson, Reginald V. Speegle, Dennis R. Williams, Mary Ann Sloan, Douglas Wilson, Office of Gen. Counsel, SSA, Atlanta, GA, Hugh Randolph Aderhold, Jr., Macon, GA, for Defendant-Appellee.


    Court: Court of Appeals for the Eleventh Circuit Docket: 04-13176
  13. United States v. James (2008)

    Nathaniel James, a federal prisoner who was convicted of one felony count involving a crack cocaine and powder cocaine offense, appeals the district court's judgment denying his motion to reduce his sentence under 18 U.S.C. § 3582(c)(2). He contends that Amendment 706 to the sentencing guidelines lowers his base offense level by two levels and, as a result, lowers his guidelines range. He also contends that during the resentencing proceeding he seeks the district court should recalculate the [...]

    Court: Court of Appeals for the Eleventh Circuit Docket: 08-12067
  14. United States v. James Bushert (1993)

    The validity of a waiver of the right to appeal a sentence, included in a plea agreement, is the primary issue in this case. Appellant James Bushert also appeals various other sentencing issues and the denial of his motion to withdraw his guilty plea. The government contends that the appeal as to his sentence should be denied because Bushert's plea agreement included a waiver of his right to appeal his sentence. We hold that sentence appeal waivers, made knowingly and voluntarily, [...]

    Court: Court of Appeals for the Eleventh Circuit Docket: 91-3797
  15. United States v. Scott Evan Jones (1990)

    Scott Evan Jones, having been convicted of bank larceny, appeals from the sentence imposed by the United States District Court for the Middle District of Florida. We note at the outset that since Jones' offense occurred after November 1, 1987, his sentence is governed by The Sentencing Reform Act of 1984, Pub.L. No. 98-473, 98 Stat. 1987 (codified, as amended, in scattered sections of 18 and 28 U.S.C.) and the guidelines promulgated thereunder.


    Court: Court of Appeals for the Eleventh Circuit Docket: 88-3377
  16. Wei Chen v. U.S. Attorney General (2006)

    Wei Chen, a native and citizen of China, petitions for review of the Board of Immigration Appeals' (BIA) order affirming an Immigration Judge's (IJ) decision denying his application for asylum and withholding of removal under the Immigration and Nationality Act (INA), 8 U.S.C. §§ 1158, 1231(b)(3), as amended by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub.L. No. 104-208, 110 Stat. 3009 (1996) (amended by the REAL ID Act of 2005, Pub.L. [...]

    Court: Court of Appeals for the Eleventh Circuit Docket: 06-10745
  17. Delores M. Brooks v. County Commission, Jefferson (2006)

    Delores M. Brooks, a white female, appeals the district court's grant of summary judgment to her employer, the County Commission of Jefferson County, Alabama, ("the County") on her claim of race discrimination in violation of Title VII of the Civil Rights Act of 1964 (Title VII), 42 U.S.C. § 2000e-2. On appeal, Brooks argues the district court erred by finding she did not establish that the County's proffered reason for not promoting her was a pretext for discrimination. After [...]

    Court: Court of Appeals for the Eleventh Circuit Docket: 05-15201
  18. 54 soc. sec. rep. ser. 261 v. John Callahan (1997)

    Gregory A. Bordenkircher, U.S. Attorney, Mobile, AL, Greg Bongiovanni, Mack Davis, Elyse Sharfman, Mary Ann Sloan, Neil Berenson, Office of General Counsel, Atlanta, GA, for Defendant-Appellee.


    Court: Court of Appeals for the Eleventh Circuit Docket: 96-6815
  19. United States v. Carlos Enrique Ramirez-Chilel (2002)

    Carlos Enrique Ramirez-Chilel was convicted of knowing possession with the intent to use and transfer unlawfully five or more false United States identification documents in violation of 18 U.S.C. § 1028(a)(1) and (a)(3) and of knowing and unauthorized possession of blank immigration permits in violation of 18 U.S.C. § 1546(a). Ramirez-Chilel now appeals the district court's decision to deny his motion to suppress all physical evidence seized from his bedroom on the night of [...]

    Court: Court of Appeals for the Eleventh Circuit Docket: 00-16686
  20. Jose Irineo Gonzalez-Oropeza v. U.S. Attorney General (2003)

    Jose Irineo Gonzalez-Oropeza ("Mr. Gonzalez"), his wife Guadalupe Garcia-Pineda ("Mrs. Gonzalez"), and their son Jose Gonzalez-Garcia ("Jose, Jr.") (hereinafter collectively referred to as "Petitioners"), through counsel, appeal from the Board of Immigration Appeals's ("BIA's") affirmance without opinion of the Immigration Judge's ("IJ's") denial of their applications for cancellation of removal pursuant to § 240A(b) of the Immigration and Naturalization Act ("INA"), 8 U.S.C. § [...]

    Court: Court of Appeals for the Eleventh Circuit Docket: 02-12706

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