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Decision Date

August 26, 2008
James B. Stegeman appeals pro se the district court's dismissal of his action filed pursuant to 42 U.S.C. §§ 1983 and 1985(3). Stegeman's claims arise out of proceedings in the DeKalb County Probate Court that revoked Stegeman's power of attorney over his elderly aunt, Jean Caffrey; found that Stegeman had engaged in elder abuse and financial fraud; appointed a guardian ad litem for Caffrey; and later, after Caffrey died, appointed an administrator and probated her estate. Stegeman...  
August 26, 2008
Star Broadcasting, Inc., and its general manager, Ronald E. Hale, Sr., appeal... ... ... a summary judgment, default judgment, and award of damages and attorney's fees against them and in favor of Qantum Communications, Inc., which sued to recover damages for a breach by Star of an agreement to sell the assets of a radio station to Qantum. We affirm... In a well-reasoned opinion, the district court concluded Qantum was entitled to summary judgment and default judgment, and we conclude that the...  
August 26, 2008
Several plaintiffs, whose product-liability claims against Hoffman-LaRoche, Inc., were consolidated, appeal the summary judgment in favor of Hoffman-LaRoche that was based on a ruling by the district court that their causation evidence was inadmissible. See In re Accutane Prods. Liab., 511 F. Supp. 2d 1288 (M.D. Fla. 2007). We have considered the briefs, the relevant parts of the record, and the well-reasoned opinion by the district court and conclude that the district court did not abuse its...  
August 26, 2008
Defendant-Appellant Alphonso Clark appeals his 262-month sentence imposed after he pled guilty to conspiracy to possess with intent to distribute 50... ... ... grams or more of cocaine base, 21 U.S.C. § 846(a)(1). No reversible error has been shown; we affirm... On appeal, Clark argues that his sentence is unreasonable in the light of his poor mental and physical health, drug addiction, and prior drug crimes, which involved only small drug amounts. We review Clark's sentence for...  
August 26, 2008
Plaintiff-appellant Dontray Chaney appeals the district court's judgment as a matter of law for defendant-appellee Jonathan Cute in Chaney's 42 U.S.C. § 1983 action. On remand, Chaney v. City of Orlando, Florida, 483 F.3d 1221 (11th Cir. 2007), the district court granted Cute's motion to set aside the jury verdict, granted Cute judgment as a matter of law on the excessive force issue finding that he was entitled to qualified immunity, reduced the awarded punitive damages, and denied Cute's...  
August 26, 2008
I... Wanda Thomas, an African-American woman, appeals pro se the district court's grant of summary judgment to the defendant, Secretary of the Department of Veterans Affairs ("the VA"), in her employment discrimination action brought pursuant to Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. § 2000e-16. On appeal, Thomas argues that evidence of a single racial comment by her supervisor and her subsequent firing after filing a complaint with the Equal...  
August 26, 2008
Desiree Carolina Colmenarez, a native and citizen of Venezuela, petitions for review of the adoption and affirmance by the Board of Immigration Appeals... ... ... ("BIA") of the decision of the Immigration Judge ("IJ") denying asylum and withholding of removal.1 No reversible error has been shown; we dismiss the petition in part and deny it in part... We review the decisions of the IJ and the BIA in this case. See Al Najjar v. Ashcroft, 257 F.3d 1262, 1284 (11th Cir. 2001)...  
August 26, 2008
Before the Court are the following: (1) Appellant's appeal of a district court's order granting Appellee's motion to compel responses and produce documents Appellant contends are protected by the attorney-client privilege; (2) Appellant's companion petition for writ of mandamus seeking to compel the district court judge to vacate the order as it relates to the motion to compel; and (3) Appellee's motion to dismiss the appeal for lack of jurisdiction. After review and... ... ... oral argument,...  
August 26, 2008
This appeal presents the question whether a complaint about conduct regulated by the Medicare Act filed in a state court may be removed to a federal court. Seven individual beneficiaries of the federal Medicare program filed a complaint against Healthspring of Alabama, Inc., the administrator of a Medicare Advantage health-insurance plan. Healthspring removed the case to a federal court and asserted that the complaint is "founded on a claim or right arising under the... laws of the United...  
August 26, 2008
The Federal Aviation Administration grants waivers of certain regulations to businesses that tow advertising banners behind airplanes. Without the waiver, a business cannot conduct air towing operations because aerial towing is generally prohibited. See 14 C.F.R. § 91.311. Aerial Banners, as its name indicates, towed aerial banners for advertisers pursuant to a waiver. After a series of safety problems, the FAA revoked Aerial Banners' waiver, putting the company out of business. Aerial...  
August 26, 2008
Cynthia Hall, a courtroom deputy employed by the Sheriff of Fulton County, appeals the dismissal of her complaint that the Sheriff and his employees violated her due process rights by failing to provide a safe work environment. See 42 U.S.C. § 1983. The district court dismissed Hall's complaint for failure to state a claim. We affirm... I. BACKGROUND... Brian Nichols was incarcerated at the Fulton County Jail after his arrest for rape, false imprisonment, aggravated assault, and burglary....  
August 25, 2008
A. Stephan Botes was convicted of conspiracy to embezzle federal funds by a state agent and conspiracy to commit a scheme to defraud the State of Georgia... ... ... and its citizens of money and honest services (Count 1), embezzlement of federal funds (Counts 2-12), and wire fraud (Counts 18, 20-21). He was sentenced to 97-months' imprisonment and the district court entered an order of restitution and a criminal forfeiture judgment against him in the amount of $382,394... On appeal, Botes...  
August 25, 2008
Minister Willie Davis appeals the district court's dismissal of his § 2254... ... ... habeas petition. The petition was dismissed as barred by the one-year statute of limitations period. 28 U.S.C. § 2244(d)(1). On appeal, Davis argues that his Georgia state motion to reconsider his sentence tolled the statute of limitations. Upon careful review of the record and the parties's briefs, and after hearing oral argument, we affirm... The Antiterrorism and Effective Death Penalty Act...  
August 25, 2008
Michael N. Loebl, counsel for Joe Hills, Jr. in this direct criminal appeal, has... ... ... moved to withdraw from further representation of the appellant and filed a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). Our independent review of the entire record reveals that counsel's assessment of the relative merit of the appeal is correct. Because independent examination of the entire record reveals no arguable issues of merit, counsel's motion to...  
August 25, 2008
David J. Joffe, appointed counsel for Ava Montalvo, has filed a motion to... ... ... withdraw on appeal supported by a brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d. 493 (1967). Our independent review of the record reveals that counsel's assessment of the relative merit of the appeal is correct. Because independent examination of the entire record reveals no arguable issues of merit, counsel's motion to withdraw is GRANTED and Montalvo's convictions and...  
August 25, 2008
Richard Console appeals pro se the Tax Court's grant of summary judgment against him in this challenge to a collection due process determination. We affirm... The IRS has assessed deficiencies against Console for tax years 1986 through 1989, and for tax year 2001. Console was a partner at a law firm; he used the firm's account to pay personal expenses but did not report the funds as income. He was indicted and pled guilty to tax fraud for tax year 1986. The Internal Revenue Service assessed...  
August 22, 2008
Michael A. Diaz ("Diaz") appeals his convictions for armed bank robbery, use of a firearm during a crime of violence, and possession of a firearm by a convicted felon. On appeal, Diaz argues that his waivers of his rights to counsel and to a jury were not knowing and voluntary. After reviewing the record and the parties' briefs, and with the benefit of oral argument, we conclude that Diaz did not knowingly waive his right to a jury trial.1 Accordingly, we VACATE Diaz's convictions and...  
August 22, 2008
Kevin Danley was arrested for driving under the influence and was taken to jail. While there he had a disagreement with some of the jailers after he was made to use a dirty toilet without any toilet paper. Because Danley failed to obey one of the jailer's orders during the disagreement, another jailer pepper sprayed him. Although pepper spray is an accepted non-lethal means of controlling unruly inmates, Danley contends that the jailers used too much on him, that he was not allowed to wash it...  
August 22, 2008
Jawan Lequint Myers appeals his conviction on one count of possession with... ... ... intent to distribute cocaine and cocaine base, in violation of 21 U.S.C. §§ 841(a)(1), and (b)(1)(C). Myers contends that the district court erred by denying his motion to suppress evidence seized at his residence. He argues that the district court failed to engage in the second part of a two-part inquiry that required the court to determine whether a prior illegal search in his backyard tainted the...  
August 22, 2008
Lance Umansky appeals his convictions for: (1) maintaining a place for the... ... ... purpose of manufacturing ecstasy, in violation of 21 U.S.C. § 856(a)(1) and (b); (2) knowingly possessing equipment, chemicals, and materials to manufacture ecstasy, in violation of 21 U.S.C. § 843(a)(6) and (d)(1); and (3) possession with intent to distribute ecstasy, in violation of 21 U.S.C. § 841(a)(1). On appeal, Umansky challenges the district court's denial of his motion to suppress...  
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