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7th Circuit Digest

Mar 17, 2020

Sentencing Guidelines

Donnell Jehan appeals the denial of his second motion to reduce his sentence under 18 U.S.C. § 3582(c)(2) based on the retroactive application of Amendment 782 to the United States Sentencing Guidelines.

Mar 16, 2020

Settlement Agreement

This case is about the scope of a release in a settlement agreement.

Mar 16, 2020

TCPA Claim – Jurisdiction

T-Mobile customers with qualifying plans can participate in a promotional service called “T-Mobile Tuesdays” which offers free items and discounts from various well-known stores.

Mar 16, 2020

Statutory Interpretation – PLRA – IFP Application

Hoping to find an effective way to curb frivolous lawsuits by prisoners, Congress enacted the Prison Litigation Reform Act (“PLRA”) in 1996.

Mar 16, 2020

Jury Instructions and Sufficiency of Evidence

Intending to transform a failing health club into a mixed-use condominium development, Kevin LeBeau and Brian Bodie obtained a $1,925,000 loan from Amcore Bank in 2004.

Mar 16, 2020

Abuse of Discretion – Sentencing Guidelines

Tremayne Dozier was arrested in 2017 for trafficking methamphetamine in Decatur, Illinois.

Mar 16, 2020

Ineffective Assistance of Counsel

Fifteen years ago, an Illinois jury convicted Phillip Hartsfield of first-degree murder and home invasion.

Mar 16, 2020

ACCA Violation

The Presentence Investigation Report on Steven Dotson listed six prior felony convictions, three of which the Probation Office identified as qualifying him for the enhanced mandatory minimum sentence of 15 years’ imprisonment under the Armed Career Criminal Act.

Mar 16, 2020

Jurisdictional Statement

In the two cases I have consolidated only for purposes of this opinion, a magistrate judge issued the final judgment from which the appeal has been taken.

Mar 16, 2020

Court Error – Abuse of Discretion

Courts and practitioners frequently say that § 502 of the Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1132(a)(1)(B), provides for “de novo review” of certain decisions relating to welfare plan benefits.

Mar 11, 2020

Divorce Judgment

Lu Ann Call appeals an order denying her motion to vacate a divorce judgment entered pursuant to a marital settlement agreement.

Mar 11, 2020

Environmental Impact Statement – WEPA – Statutory Interpretation

The appeal in this case involves the interpretation of statutes governing administrative rule-making in Wisconsin.

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