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7th Circuit Digest

Oct 25, 2017

Civil Rights Violation – Prisoner

Sanders alleges in this suit under 42 U.S.C. §1983 that, although his confinement may protect guards and other prisoners, the isolation, heat, and restricted air flow in solitary confinement harm him by aggravating both his psychological problems and his asthma.

Oct 17, 2017

Postconviction Motion Denied

Steven J. Lelinski appeals from a circuit court order denying his second WIS. STAT. § 974.06 (2015-16) postconviction motion without a hearing.

Oct 17, 2017

Ineffective Assistance of Counsel

Eric G. Perkins appeals an order denying his collateral postconviction motion to withdraw his guilty pleas to second-degree reckless homicide and second-degree recklessly endangering safety, both as a party to a crime and with use of a dangerous weapon.

Oct 17, 2017

Postconviction Motions Denied and Ineffective Assistance of Counsel

Justin T. Winston appeals from a judgment of conviction for one count of first-degree intentional homicide as a party to a crime and one count of being a felon in possession of a firearm, contrary to WIS. STAT. §§ 940.01(1)(a), 939.05, and 941.29(2) (2009-10).

Oct 17, 2017

Sufficiency of Evidence

While he was the only adult in a room of napping children at the daycare where he worked, Ali Al‐Awadi pulled back the underwear of one young girl and took pictures.

Oct 17, 2017

Sentencing Guidelines

On appeal, Holton argues that the district judge imposed a substantively unreasonable sentence by relying on uncharged conduct (the drug-dealer robberies) as the basis for imposing an above-Guidelines sentence on the conspiracy count.

Oct 17, 2017

Sentencing Guidelines and Due Process Violation

Now, in Appeal No. 16-3346, Dearborn argues that during resentencing the court should have reconsidered its earlier denial of a motion to suppress evidence.

Oct 17, 2017

Contempt and Summary Judgment Motion Denied

On appeal Cosenza first insists that the Commissioner violated the remand order by repeating the same analytical errors that were the basis of the district court’s remand and that the Commissioner therefore should be held in contempt.

Oct 17, 2017

Immigration Appeal

Rodriguez-Contreras contends that 720 ILCS 5/24–1.1(a) does not match the federal crime because the state statute bars felons from possessing pneumatic weapons as well as those that use explosives.

Oct 17, 2017

Bad Faith Denial of Coverage

On May 18, 2010, Shane Swift filed a class action lawsuit on behalf of himself and others similarly situated against BancorpSouth, Incorporated (“Bancorp”) in the Northern District of Florida based upon its assessment and collection of excessive overdraft fees.

Oct 17, 2017

RICO Claims

Plaintiffs contend that Payors bear the principal costs of off-label promotions, because they pay for most of the cost of the drugs, but comparing the patients’ health costs (and out- of-pocket co-pays) with the Payors’ costs may be difficult.

Oct 17, 2017

Asylum Statute

Petitioner Cirilo Garcia is a native citizen of Honduras currently subject to a reinstated order of removal.

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