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7th Circuit Digest

Sep 6, 2016

Qui Tam Claim – Medical Billing

Appellants fail to properly put forth allegations of fraud, however provide sufficient allegations for use of improper medical billing codes.

Sep 6, 2016

Disability Benefits

Substantial evidence supported ALJ’s finding that appellant could still engage in simple work.

Sep 6, 2016

Contractual Interpretation

“Service of suit” clause in contract unambiguously allows to select forum for litigating.

Sep 6, 2016

Due Process Violation

Evidence presented was more than sufficient for conviction and admittance of appellant statements, although translated, were valid.

Sep 6, 2016

Immigration

Appellant had ample and sufficient process available to him to challenge marriage fraud.

Sep 6, 2016

Extension of Appeal

Court dismisses appeal for lack of jurisdiction due to untimely appeal

Sep 6, 2016

8th Amendment – Self Defense

Imminent threat of death or seriously bodily harm not required to justifiably use force in self defense. However, appellant had legal alternative to force via compliance.

Sep 6, 2016

Residual Clause

Court erred included residual clause in the career-offender guideline

Sep 6, 2016

Qualified Immunity

Respondents clearly violated established law by denying appellant the opportunity to be heard before revoking registration.

Sep 6, 2016

Waiver

Plaintiffs waive due process argument

Sep 6, 2016

Residual Clause is invalid

Darryl Rollins pleaded guilty to selling crack cocaine and was sentenced to 84 months in prison.

Sep 6, 2016

Residual Clause

United States v. Tichenor is overruled; the residual clause in §4b1.2(a)(2) is unconstitutionally vague.

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