Court of Appeals for the Eleventh Circuit Court Cases

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  1. Mohammed Salim Ali v. U.S. Atty. General (2006)

    Mohammed Salim Ali, a citizen and native of Pakistan, petitions for review of the Board of Immigration Appeals's ("BIA") order denying his motion to reopen removal proceedings. At his removal hearing, Ali conceded removability on several grounds, including his conviction in Georgia state court for child molestation, but sought relief under the Convention Against Torture ("CAT"). The immigration judge ("IJ") denied withholding of removal under CAT, and the BIA affirmed. Thereafter, Ali's [...]

    Court: Court of Appeals for the Eleventh Circuit Docket: 05-11258
  2. United States v. Schlei (1997)

    Barbara Jean Bravender Ah Loo ("Ah Loo") and Norbert Schlei have appealed from the judgments of conviction.1 Schlei also seeks review of the district court's sentencing decision. Schlei was convicted of conspiracy and securities fraud. Schlei seeks reversal on numerous grounds, each of which we address below.


    Court: Court of Appeals for the Eleventh Circuit Docket: 95-3004
  3. 53 Fair empl. prac. cas. 968 v. Champion International Corp. (1990)

    This appeal is from a summary judgment for defendant. Because we conclude that plaintiffs established no more than a colorable claim of age discrimination, we affirm. We also conclude that the district court acted within its discretion in denying plaintiffs' motion to compel discovery on a nationwide basis.


    Court: Court of Appeals for the Eleventh Circuit Docket: 89-7163
  4. Samad Radamis Fahim v. U.S. Attorney General (2002)

    David V. Bernal, Anthony Cardozo Payne, Ernesto H. Molina, Emily Anne Radford, Joshua E. Braunstein, U.S. Dept. of Justice, Office of Immigration Litigation Station, Washington, DC, for Respondent.


    Court: Court of Appeals for the Eleventh Circuit Docket: 01-11597
  5. United States v. Jermaine Hunt (2006)

    On June 27, 2004, Fairhope police officers, while responding to a domestic disturbance call, arrested Jermaine Hunt, and found 22 grams of crack cocaine ("crack") in his pocket. Hunt was subsequently indicted for possession with intent to distribute 22 grams of crack, in violation of 21 U.S.C. § 841(a)(1). After the Government filed a notice stating its intention to seek an enhanced penalty under 21 U.S.C. § 841(b)(1)(B), based on a prior state conviction for unlawful [...]

    Court: Court of Appeals for the Eleventh Circuit Docket: 05-11671
  6. United States v. Daniel Francisco Ramirez (2005)

    COPYRIGHT MATERIAL OMITTED COPYRIGHT MATERIAL OMITTED Manuel Gonzalez, Jr. (Court-Appointed), Kathleen, M. Williams and Stewart Glenn Abrams, Fed. Pub. Defenders, Miami, FL, Timothy Cone (Fed. Pub. Def.), Fed. Pub. Defender's Office, Ft. Lauderdale, FL, for Defendants-Appellants.


    Court: Court of Appeals for the Eleventh Circuit Docket: 04-12040
  7. United States v. Donald Teague (1992)

    Before TJOFLAT, Chief Judge, FAY, KRAVITCH, HATCHETT, ANDERSON, EDMONDSON, COX, BIRCH and DUBINA, Circuit Judges,* and CLARK**, Senior Circuit Judge.


    Court: Court of Appeals for the Eleventh Circuit Docket: 89-8181
  8. United States v. Joseph Silvestri (2005)

    Joseph Silvestri appeals his conviction after a jury trial for conspiring to launder the proceeds of mail and wire fraud in violation of 18 U.S.C. § 1956(h), and for 30 substantive counts of laundering the proceeds of mail and wire fraud in violation of 18 U.S.C. §§ 1957 and 2. All of the charges arose from Silvestri's involvement in a fraudulent investment program based in South Carolina. Silvestri broadly challenges the sufficiency of the evidence on the conspiracy and [...]

    Court: Court of Appeals for the Eleventh Circuit Docket: 03-12820
  9. United States v. Melvin (2009)

    We decide in this appeal whether United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005), and Kimbrough v. United States, ___ U.S. ___, 128 S.Ct. 558, 169 L.Ed.2d 481 (2007), prohibit Congress or the Sentencing Commission from limiting the discretion of a district court in reducing a sentence under 18 U.S.C. § 3582(c)(2). Concluding that Booker and Kimbrough do not apply to § 3582(c)(2) proceedings, we hold that a district court is bound by the limitations on its [...]

    Court: Court of Appeals for the Eleventh Circuit Docket: 08-13497
  10. Crawford v. Carroll (2008)

    Jacquelyn R. Crawford appeals the district court's grant of summary judgment in favor of her former employer, the Board of Regents of the University System of Georgia/Georgia State University (GSU), and two of her former supervisors, GSU officers Barbara Carroll and Katherine Johnston. After review and oral argument, we reverse and remand for further proceedings, having determined that genuine issues of material fact exist that preclude summary judgment on Crawford's Title VII retaliation and [...]

    Court: Court of Appeals for the Eleventh Circuit Docket: 07-11603
  11. United States v. Philip Wayne Mathenia (2005)

    Philip Wayne Mathenia appeals his 96-month sentence for knowingly distributing and receiving child pornography, in violation of 18 U.S.C. §§ 2252A(a)(2)(A) and (b)(1), and knowingly possessing child pornography, in violation of 18 U.S.C. §§ 2252A(a)(5)(B) and (b)(2). We affirm.


    Court: Court of Appeals for the Eleventh Circuit Docket: 04-15250
  12. Javier Mauricio Martinez Ruiz v. U.S. Atty. Gen. (2007)

    Upon sua sponte reconsideration of this appeal, we vacate our prior opinion, published at 472 F.3d 1323 (11th Cir.2006), and substitute the following opinion in its place.


    Court: Court of Appeals for the Eleventh Circuit Docket: 05-15875
  13. Dean Effarage Farrow v. Dr. West (2003)

    Plaintiff Dean E. Farrow, a state prisoner, appeals the grant of summary judgment in his § 1983 action against defendants Dr. Marvin West, Nurse Linda Shipman, and Dr. Charles King. Farrow asserts that the defendants' eighteen-month delay in medical treatment constituted deliberate indifference to his serious medical need and violated his constitutional rights under the Eighth Amendment. He also contends that defendant Nurse Shipman ordered her staff not to treat him in retaliation [...]

    Court: Court of Appeals for the Eleventh Circuit Docket: 01-13846
  14. United States v. Alberto Rodriguez Jiminez (2000)

    A federal jury convicted Alberto Jimenez of knowingly and intentionally conspiring to possess with intent to distribute methamphetamine in violation of 21 U.S.C. 846. The district court sentenced Jimenez to 262 months in prison. Prior to the trial, Jimenez had moved to suppress, on various grounds, evidence obtained through a wiretap and by the search of his residence. These motions were denied. Jimenez appeals both the denial of these suppression motions and his sentence. We affirm

    Court: Court of Appeals for the Eleventh Circuit Docket: 98-5063
  15. Raymond J. Donovan v. C. H. Dillingham (1982)

    The Secretary of Labor pursuant to his authority under ERISA1 § 502(a), 29 U.S.C. § 1132(a), brought this action against the trustees of Union Insurance Trust (UIT) and businesses owned and operated by them, alleging they are fiduciaries2 subject to the fiduciary responsibility provisions contained in Part 4 of Title I of ERISA, 29 U.S.C. §§ 1101 et seq. Fiduciary duties under ERISA, however, arise only if there are employee benefit plans as defined by the Act. The [...]

    Court: Court of Appeals for the Eleventh Circuit Docket: 80-7879
  16. Cornelius Cooper v. Southern Company (2004)

    COPYRIGHT MATERIAL OMITTED COPYRIGHT MATERIAL OMITTED COPYRIGHT MATERIAL OMITTED COPYRIGHT MATERIAL OMITTED COPYRIGHT MATERIAL OMITTED COPYRIGHT MATERIAL OMITTED Steven Jason Rosenwasser, Michael B. Terry, Joshua F. Thorpe, Emmet J. Bondurant, Bondurant, Mixson & Elmore, LLP, Atlanta, GA, for Plaintiffs-Appellants.


    Court: Court of Appeals for the Eleventh Circuit Docket: 03-12230
  17. United States v. Henry Affit Lejarde-Rada (2003)

    Defendant Henry Affit Lejarde-Rada pled guilty, pursuant to a written plea agreement, to one count of attempted illegal reentry into the United States following deportation subsequent to a conviction for an aggravated felony, in violation of 8 U.S.C. § 1326(a), (b)(2). At sentencing, the district court denied Lejarde-Rada's motion for a downward departure and sentenced him to 41 months of imprisonment, in addition to three years of supervised release, and a $100 special assessment. [...]

    Court: Court of Appeals for the Eleventh Circuit Docket: 01-14986
  18. Mohamed Ali Abdi v. U. S. Attorney General (2005)

    Petitioner Mohamed Ali Abdi is a native and citizen of Somalia. He entered the United States on December 1, 2000, using a false Kenyon passport. On December 19, 2000, the Immigration and Naturalization Service ("INS") served Petitioner a Notice to Appear ("NTA") alleging that he was subject to removal under the Immigration and Nationality Act ("INA"). On February 7, 2001, during a preliminary hearing before an Immigration Judge ("IJ"), Petitioner, represented by an attorney, conceded his [...]

    Court: Court of Appeals for the Eleventh Circuit Docket: 04-16447
  19. 75 Empl. Prac. Dec. P 45 v. Jerry D. Brown (1999)

    Appellant Sandra J. Maniccia appeals the district court's order granting summary judgment for Appellee Sheriff Jerry D. Brown in her suit alleging disparate treatment and retaliation in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 2000e to 2000e-17, and the Florida Civil Rights Act of 1992, Fla. Stat. chs. 760.01 to 760.11. The district court determined that: (1) Appellant could not establish a prima facie case of disparate treatment because she failed [...]

    Court: Court of Appeals for the Eleventh Circuit Docket: 97-3011
  20. Sanchez Jimenez v. US Atty. Gen. (2007)

    Jose Antonio Eljach Montoya ("Montoya") and his daughter Ghisela Linette Eljach Sanchez ("Ghisela") petition this Court for review of the denial of their applications for asylum, withholding of removal, and relief under the Convention Against Torture (CAT).[1] The Immigration Judge (IJ) denied relief, and the Board of Immigration Appeals (BIA) affirmed. After thorough review, the record compels us to conclude that Montoya suffered past persecution on account of his political opinion. [...]

    Court: Court of Appeals for the Eleventh Circuit Docket: 06-15492

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