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Earl ROME, as the Special Administrator for the Estate of Christine Rome, Plaintiff-Appellant, v. Richard A. MEYERS, in his official capacity as Sheriff of Winnebago County, Defendant-Appellee. , C.A.7 (Ill.), November 20, 2009
Appeal from the United States District Court for the Northern District of Illinois, Western Division. No. 3:05-cv-50136, Frederick J. Kapala, Judge. ORDER Plaintiff Earl Rome, acting as Special Administrator for the Estate of Christine Rome, his deceased wife, appeals the district court's grant of summary judgment on his 42 U.S.C. § 1983 claim against Richard A. Meyers in his official capacity as Sheriff of Winnebago County, Illinois. The complaint alleges that Meyers failed to provide adequat...

Dayna L. SCRUGGS, Plaintiff-Appellant, v. GARST SEED COMPANY, Defendant-Appellee. , C.A.7 (Ind.), November 20, 2009
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. No. 05 C 67--Allen Sharp, Judge. Michael C. Kendall, Kendall-Hahn & Associates, Carmel, IN, for Plaintiff- Appellant. George R. Wood, Littler Mendelson, Minneapolis, MN, for Defendant-Appellee. WILLIAMS, Circuit Judge. Dayna Scruggs appeals from the grant of summary judgment in favor of her former employer, Garst Seed Company, on her claims of retaliation and a hostile work environme...

Richard CURIA, Plaintiff-Appellee, v. Kenneth A. NELSON, Defendant-Appellant. Kenneth A. Nelson, Plaintiff-Appellant, v. Richard Curia, Defendant-Appellee. , C.A.7 (Ill.), November 20, 2009
Appeals from the United States District Court for the Northern District of Illinois, Western Division. Nos. 05 C 50094, 05 C 2585--Philip G. Reinhard, Judge. Douglas E. Lee, Ehrmann, Gehlbach & Beckman, Dixon, IL, for Plaintiff- Appellee. Stewart M. Weltman, Chicago, IL, for Defendant-Appellant. SYKES, Circuit Judge. Kenneth Nelson and Richard Curia dispute the terms of a stock purchase agreement the two entered into in 1989 and then modified several times over the next decade. In t...

Avdo HUKIC, Plaintiff-Appellant, v. AURORA LOAN SERVICES and Ocwen Loan Servicing, Defendants-Appellees. , C.A.7 (Ill.), November 20, 2009
Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. 05 C 4950--Virginia M. Kendall, Judge. Brian E. King, Attorney, Stephen M. Komie, Attorney, Komie & Associates, Chicago, IL, for Plaintiff-Appellant. Robert J. Emanuel, Attorney, Burke, Warren, MacKay & Serritella, Chicago, IL, Brian P. Brooks, Attorney, O'Melveny & Meyers, Washington, DC, for Defendants-Appellees. WILLIAMS, Circuit Judge. Avdo Hukic obtained a sixfigure mortgag...

UNITED STATES of America, Plaintiff-Appellee, v. Gerardo LUGO and Jose C. Rios, Defendants-Appellants. , C.A.7 (Ill.), November 19, 2009
Appeals from the United States District Court for the Central District of Illinois. No. 07 CR 20002, Michael P. McCuskey, Chief Judge. Richard Cox, Office of The United States Attorney, Urbana, IL, for Plaintiff-Appellee. Michael J. Gonring, Attorney, Quarles & Brady, Jacquelyn T. Pinnell, Attorney, John R. Deleon, Attorney, Gal Pissetzky, Attorney, Pissetzky & Berliner, Chicago, IL, for Defendants-Appellants. ORDER One day before we heard oral arguments in this case, we released an opin...

UNITED STATES of America, Plaintiff-Appellee, v. Leroy F. MILLER, Defendant-Appellant. , C.A.7 (Ind.), November 19, 2009
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. No. 3:04-cr-138--Robert L. Miller, Jr., Chief Judge. Daniel L. Bella, Attorney, Office of the United States Attorney, Hammond, IN, for Plaintiff-Appellee. H. Jay Stevens, Attorney, Indiana Federal Community Defenders, Inc., South Bend, IN, for Defendant-Appellant. EASTERBROOK, Chief Judge. Leroy Miller was convicted of aiding and abetting the possession of firearms by Ricky Fines,...

Coy J. THOMAS, Plaintiff-Appellant, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant-Appellee. , C.A.7 (Ill.), November 18, 2009
Appeal from the United States District Court for the Central District of Illinois. No. 08-3021, Jeanne E. Scott, Judge. Order At the end of 1997, Coy Thomas sold his business and retired. His eligibility for Social Security disability benefits expired five years later, on December 31, 2002. In January 2004 he applied for disability benefits, contending that he had been disabled since spring 2002, when he was diagnosed with chronic lymphocytic leukemia. An administrative law judge rejected this...

UNITED STATES of America, Plaintiff-Appellee, v. Richard A. LEE, Defendant-Appellant. , C.A.7 (Ill.), November 18, 2009
Appeal from the United States District Court for the Northern District of Illinois, Western Division. No. 07 CR 50044-1, Frederick J. Kapala, Judge. ORDER On June 15, 2007, officers from the Rockford, Illinois Police Department executed a search warrant at a house where Richard A. Lee had hidden a digital scale and a bag containing powder and crack cocaine. The police returned to the house five days later and arrested Lee for a parole violation. The officers searched Lee incident to the arrest...

UNITED STATES of America, Plaintiff-Appellant, v. Stephen L. ROGERS, Defendant-Appellee. , C.A.7 (Ill.), November 18, 2009
Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. 06 CR 540--Milton I. Shadur, Judge. Steven Dollear, Attorney, Office of the United States Attorney, Chicago, IL, for Plaintiff-Appellant. Heather L. Winslow, Attorney, Chicago, IL, for Defendant-Appellee. WOOD, Circuit Judge. In 1994, Congress altered the longstanding ban on propensity evidence in criminal trials so that, in trials for sexual assault, similar conduct is admissib...

UNITED STATES of America, Plaintiff-Appellee, v. Steven M. SKOIEN, Defendant-Appellant. , C.A.7 (Wis.), November 18, 2009
Appeal from the United States District Court for the Western District of Wisconsin. No. 08-CR-12--Barbara B. Crabb, Chief Judge. Timothy M. O'Shea, Office of the United States Attorney, Madison, WI, for Plaintiff-Appellee. Michael W. Lieberman, Assistant Federal Public Defender, Federal Defender Services, Madison, WI, for Defendant-Appellant. SYKES, Circuit Judge. A grand jury indicted Steven Skoien for possessing a firearm after having been convicted of a misdemeanor crime of domes...

Stephen I. BANDAK, Plaintiff-Appellee, v. ELI LILLY AND COMPANY RETIREMENT PLAN, et al., Defendants-Appellants. , C.A.7 (Ind.), November 18, 2009
Appeals from the United States District Court for the Southern District of Indiana, Indianapolis Division. No. 1:06-CV-01622-LJM-JMS--Larry J. McKinney, Judge. Andrew W. Hull, Attorney, Hoover Hull LLP, Indianapolis, IN, for Plaintiff- Appellee. Jon B. Laramore, Attorney, Baker & Daniels, Indianapolis, IN, for Defendants-Appellants. POSNER, Circuit Judge. Bandak, a retired employee of Eli Lilly, sued the company's retirement plan under ERISA and received a judgment for $100,222.86 i...

R. David BOYER, Plaintiff-Appellee/Cross-Appellant, v. CROWN STOCK DISTRIBUTION, INC., et al., Defendants-Appellants/Cross-Appellees. , C.A.7 (Ind.), November 18, 2009
Appeals from the United States District Court for the Northern District of Indiana, Fort Wayne Division. No. 1:06-CV-409--Robert L. Miller, Jr., Chief Judge. Daniel J. Skekloff, Skekloff, Adelsperger & Kleven, Fort Wayne, IN, Kevin D. Finger, James G. Richmond, Greenberg Traurig, Chicago, IL, for Plaintiff-Appellee/Cross-Appellant. Matthew M. Hohman, Barnes & Thornburg, Fort Wayne, IN, for Defendants- Appellants/Cross-Appellees. POSNER, Circuit Judge. These appeals arise from the C...

UNITED STATES of America, Plaintiff-Appellee, v. Jason FOSTER, Defendant-Appellant. , C.A.7 (Ill.), November 17, 2009
Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. 07 CR 772, Virginia M. Kendall, Judge. Bethany Biesenthal, Office of the United States Attorney, Chicago, IL, for Plaintiff-Appellee. Paul Flynn, Office of the Federal Defender Program, Chicago, IL, for Defendant-Appellant. ORDER Jason Foster pleaded guilty to knowingly and intentionally distributing more thanfifty grams of crack. See21 U.S.C. § 841(a)(1). He was sentenced to 130 mon...

UNITED STATES of America, Plaintiff-Appellee, v. Abram PEREZ, Defendant-Appellant. , C.A.7 (Ill.), November 17, 2009
Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. 1:08-cr-00413-1, Robert M. Dow, Jr., Judge. Timothy J. Chapman, Office of the United States Attorney, Chicago, IL, for Plaintiff-Appellee. Kent R. Carlson, Carlson & Associates, Chicago, IL, for Defendant- Appellant. ORDER Abram Perez pleaded guilty to one count of distributing cocaine. See21 U.S.C. § 841(a)(1). The district court sentenced him to 151 months' imprisonment. Mr. Perez ...

UNITED STATES of America, Plaintiff-Appellee, v. Victor R. POWELL, Defendant-Appellant. , C.A.7 (Ill.), November 17, 2009
Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. 1:04-cr-00885-1, Blanche M. Manning, Judge. ORDER Victor Powell pleaded guilty to transporting a minor across state lines for thepurpose of prostitution. See18 U.S.C. § 2423(a). He was represented by counsel at the timeof his guilty plea but appeared pro se at sentencing. Now, with the assistance of the federal public defender, Mr. Powell argues that his waiver of counsel at sentencing was...

UNITED STATES of America, Plaintiff-Appellee, v. Xiang Hui YE, Defendant-Appellant. , C.A.7 (Ill.), November 17, 2009
Holdings: The Court of Appeals, Manion, Circuit Judge, held that: (1) shield from detection means the use of any means to prevent the detection of illegal aliens in the United States by the government, and (2) sufficient evidence established that defendant intended to prevent government authorities from detecting presence of illegal aliens. Affirmed. Appeal from the United States District Court for the Central District of Illinois. No. 06 CR 30069--Jeanne E. Scott, Judge. Patrick ...

Brenda O'NEAL, Plaintiff-Appellant, v. CITY OF CHICAGO, Defendant-Appellee. , C.A.7 (Ill.), November 17, 2009
Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. 1:07-cv-04788--Charles P. Kocoras, Judge. Lisa Kane, Lisa Kane & Associates, P.C., Chicago, IL, for Plaintiff- Appellant. Christopher S. Norborg, City of Chicago Law Department, Chicago, IL, Ruth F. Masters, Oak Park, IL, for Defendant-Appellee. BAUER, Circuit Judge. Sergeant Brenda O'Neal has twice sued her employer, the Chicago Police Department ("CPD"), this time claiming re...

UNITED STATES of America, Plaintiff-Appellee, v. Paul KELLY, Defendant-Appellant. , C.A.7 (Ill.), November 13, 2009
Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. 1:99 CR 497, Amy J. St. Eve, Judge. Erika Csicsila, Office of the United States Attorney, for Defendant- Appellant. Paul Kelly, Greenville, IL, pro se. ORDER Paul Kelly organized a drug conspiracy to smuggle heroin and cocaine into the United States using young women and babies as his drug mules. Kelly arranged at least seven trips to Panama in late 1998 and early 1999 to obtain the ...

UNITED STATES of America, Plaintiff-Appellee, v. Robert Lee WILSON, Defendan-Appellant. , C.A.7 (Ill.), November 13, 2009
Appeal from the United States District Court for the Central District of Illinois. No. 05-30078, Jeanne E. Scott, Judge. Joseph H. Hartzler, Attorney, Office of the United States Attorney, Springfield, IL, for Plaintiff-Appellee. Robert L. Wilson, United States Penitentiary, Lompoc, CA, pro se. ORDER Robert Wilson appeals from an order reducing his prison sentence under 18 U.S.C. § 3582(c)(2) but not as much as he had hoped. Because Wilson does not point to any error by the district cou...

UNITED STATES of America, Plaintiff-Appellee, v. Willie Brown PARKS, Defendant-Appellant. , C.A.7 (Ill.), November 13, 2009
Appeal from the United States District Court for the Central District of Illinois. No. 07-40095-001, Michael M. Mihm, Judge. Jeffrey B. Lang, Office of the United States Attorney, Rock Island, IL, for Plaintiff-Appellee. Donovan S. Robertson, Rock Island, IL, for Defendant-Appellant. ORDER Willie Brown Parks pleaded guilty to three counts of a four-count indictment for possessing crack cocaine with intent to distribute, see21 U.S.C. § 841(a)(1), (b)(1)(B) ("Count I"); possessing a firear...

UNITED STATES of America, Plaintiff-Appellee, v. Robert MICHENER, Defendant-Appellant. , C.A.7 (Wis.), November 13, 2009
Appeal from the United States District Court for the Western District of Wisconsin. No. 08 CR 47, Barbara B. Crabb, Chief Judge. Elizabeth Altman, Office of the United States Attorney, Madison, WI, for Plaintiff-Appellee. Gary W. Adair, Gary W. Adair & Associates, Gareth G. Morris, Chicago, IL, for Defendant-Appellant. ORDER Robert Michener pleaded guilty to conspiracy to distribute marijuana. See21 U.S.C. §§ 846, 841(a)(1). After finding that Michener had obstructed justice prior to his...

UNITED STATES of America, Plaintiff-Appellee, v. Henry BOOKER, Defendant-Appellant. , C.A.7 (Ind.), November 13, 2009
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. No. 3:93-CR-61(01) Robert L. Miller, Jr., Chief Judge. Donald J. Schmid, Attorney, Office of the United States Attorney, South Bend, IN, for Plaintiff-Appellee. Henry Booker, Fort Dix, NJ, pro se. ORDER In this criminal case, Henry Booker appeals from the district court's denial of hismotion, which he brought under Fed. R. Civ. P . 60(b), for relief from an earlier orderrefusing to gra...

Earl L. DIEHL, Petitioner-Appellant, v. Mickey McCASH, Respondent-Appellee. , C.A.7 (Wis.), November 13, 2009
Appeal from the United States District Court for the Western District of Wisconsin. No. 08-cv-133, Barbara B. Crabb, Chief Judge. Earl L. Diehl, Oregon, WI, for Petitioner-Appellant. J. B. Van Hollen, Attorney, Office of the Attorney General Wisconsin Department of Justice, Madison, WI, for Respondent-Appellee. ORDER Wisconsin prisoner Earl Diehl appeals the denial of his petition for a writ of habeas corpus. We affirm the judgment. In 1997 Diehl was convicted of burglary in Wisconsin st...

UNITED STATES of America, Plaintiff-Appellee, v. Byron Dubois COLLINS, Defendant-Appellant. , C.A.7 (Ill.), November 13, 2009
Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. 05 CR 508-1, Amy J. St. Eve, Judge. Kruti Trivedi, Attorney, Office of the United States Attorney, Chicago, IL, for Plaintiff-Appellee. Andrew J. McGowan, Attorney, Richard H. Parsons, Attorney, Office of the Federal Public Defender, Peoria, IL, Byron Collins, Pine Knot, KY, for Defendant-Appellant. ORDER Byron Dubois Collins pleaded guilty to robbing a bank, see18 U.S.C. § 2113(a), ...

Lynne BLOCH, Helen Bloch and Nathan Bloch, Plaintiffs-Appellants, v. Edward FRISCHHOLZ and Shoreline Towers Condominium Association, Defendants- Appellees. , C.A.7 (Ill.), November 13, 2009
Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. 05 C 5379--George W. Lindberg, Judge. Gary S. Feinerman, Sidley Austin, Chicago, IL, for Plaintiffs- Appellants. David C. Hartwell, Penland & Hartwell, Chicago, IL, for Defendants- Appellees. TINDER, Circuit Judge. In this case, we consider whether condominium owners can sue their condo association under the Fair Housing Act (FHA), 42 U.S.C. §§ 3601 et seq., for alleged religiou...

UNITED STATES of America, Plaintiff-Appellee, v. Stephen GOLDEN, Defendant-Appellant. , C.A.7 (Ind.), November 12, 2009
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. No. 2:94-cr-00086-RL-1, Rudy Lozano, Judge. Daniel L. Bella, Attorney, Office of the United States Attorney, Hammond, IN, for Plaintiff-Appellee. John E. Martin, Attorney, Indiana Federal Community Defenders, Inc., Hammond, IN, for Defendant-Appellant. ORDER A § 3582(c)(2) request for sentence modification is discretionary, United States v. Cunningham, 554 F.3d 703, 707 (7th Cir.2009), e...

UNITED STATES of America, Plaintiff-Appellee, v. James E. SCHNELL, Defendant-Appellant. , C.A.7 (Ind.), November 12, 2009
Appeal from the United States District Court for the Southern District of Indiana, Evansville Division. No. 3:06CR00027-001 Richard L. Young, Judge. Todd S. Shellenbarger, Office of the United States Attorney, Evansville, IN, for Plaintiff-Appellee. John A. Goodridge, Evansville, IN, for Defendant-Appellant. ORDER In 2005 investigators found a stockpile of nearly 200 guns and 37,000 rounds of ammunition belonging to James Schnell, a two-time federal felon. Schnell was convicted on two co...

John L. ALLEN, Plaintiff-Appellant, v. Glen HEINZL and Jill Hanson, Defendants-Appellees. , C.A.7 (Wis.), November 12, 2009
Appeal from the United States District Court for the Western District of Wisconsin. No. 08-cv-037-bbc, Barbara B. Crabb, Chief Judge. John L. Allen, New Lisbon, WI, pro se. J.B. Van Hollen, Attorney, Office of the Attorney General, Wisconsin Department of Justice, Madison, WI, for Defendants-Appellees. Order John Allen has suffered from testicular cysts and chronic scrotal pain since 2002, if not before. The cause is undetermined, and physicians at the several prisons where Allen has bee...

Enaam ARNAOUT, Petitioner-Appellant, v. Helen MARBERRY, Respondent-Appellee. , C.A.7 (Ind.), November 12, 2009
Appeal from the United States District Court for the Southern District of Indiana, Terre Haute Division. No. 2:09-cv-055-WTL-JMS, William T. Lawrence, Judge. Enaam M. Arnaout, Terre Haute, IN, pro se. Gerald A. Coraz, Attorney, Office of the United States Attorney, Indianapolis, IN, for Respondent-Appellee. Order In 2005 Enaam Arnaout, a Sunni Muslim who is a federal prisoner, decided that because no one else was available to teach other inmates Arabic, so that they could read the Qur'an a...

UNITED STATES of America, Plaintiff-Appellee v. Richard SWEITZER, Defendant-Appellant. , C.A.7 (Wis.), November 10, 2009
Appeal from the United States District United States of America, Wisconsin. No. 2:08-cr-243-3, Charles N. Clevert, Chief Judge. Michelle L. Jacobs, Attorney, Gail Joy Hoffman, Attorney, Office of the United States Attorney, Milwaukee, WI, for Plaintiff-Appellee. Daniel W. Stiller, Federal Public Defender, Milwaukee, WI, for Defendant- Appellant. ORDER The defendant appellant Richard Sweitzer pleaded guilty to conspiring to distribute more than 100 grams of heroin, see21 U .S.C. §§ 846, 8...

UNITED STATES of America, Plaintiff-Appellee, v. Dossie SANDERS, Defendant-Appellant. , C.A.7 (Ill.), November 10, 2009
Appeal from the United States District Court for the Central District of Illinois. No. 05-cr-30028-001, Jeanne E. Scott, Judge. Joseph H. Hartzler, Attorney, Office of the United States Attorney, Springfield, IL, for Plaintiff-Appellee. Howard W. Feldman, Attorney, Feldman, Wasser, Draper & Benson, Springfield, IL, for Defendant-Appellant. ORDER Dossie Sanders pleaded guilty to various drug-trafficking and firearms charges, see18 U.S.C. §§ 841(a)(1), 841(b)(1)(B), 922(g)(1), 924(c)(1), b...

Ekrem BAJRAMOSKI, Petitioner, v. Eric H. HOLDER, Jr., Attorney General of the United States, Respondent. , C.A.7, November 10, 2009
Petition for Review of an Order of the Board of Immigration Appeals. No. A098- 719-677. Isuf Kola, Attorney, Kola & Associates, Ltd, Glen Ellyn, IL, for Petitioner. Kristin A. Moresi, Attorney, Department of Justice, Washington, DC, for Respondent. ORDER Ekrem Bajramoski, a citizen of Macedonia and a member of the Roma (gypsy) ethnic minority, applied for asylum and for withholding of his removal. The immigration judge ("IJ") denied his application, finding that Mr. Bajramoski's account...

Michael PARISH, Plaintiff-Appellant v. CITY OF CHICAGO et al., Defendants-Appellees. , C.A.7 (Ill.), November 10, 2009
Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. 08 C 3148, John W. Darrah, Judge. Kenneth N. Flaxman, Attorney, Chicago, IL, for Plaintiff-Appellant. Mara S. Georges, Attorney, Sara K. Hornstra, Attorney, Office of the Corporation Counsel, Chicago, IL, for Defendant-Appellee. ORDER Michael Parish appeals the dismissal of his 42 U.S.C. § 1983 claim asserting a Fourth Amendment violation for malicious prosecution. In response to the...

Joseph MADISON, Petitioner-Appellant, v. Mark R. SEVIER, Superintendent, Miami Correctional Facility, Respondent- Appellee. , C.A.7 (Ind.), November 10, 2009
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. No. 1:08-cv-739-DFH-JMS, David F. Hamilton, Chief Judge. Joseph Madison, Bunker Hill, IN, pro se. Steve Carter, Office of the Attorney General, Indianapolis, IN, for Respondent-Appellee. Order Joseph Madison contends that Indiana violated the Constitution when it rescinded some of his good-time credits because he refused to attend a program for sex offenders. The district court denie...

Carson Darnell COMBS, Plaintiff-Appellant, v. Dennis PEDERSEN, Defendant-Appellee. , C.A.7 (Wis.), November 10, 2009
Appeal from the United States District Court for the Western District of Wisconsin. No. 08-cv-482-slc, Barbara B. Crabb, ChiefJudge. Carson D. Combs, Veterans Assistance Program, Union Grove, WI, for Plaintiff-Appellant. Brian C. Hough, Axley Brynelson, Madison, WI, for Defendant-Appellee. Order Carson Combs contends that Dennis Pederson, the Sheriff of Monroe County, Wisconsin, should be ordered to pay damages under 42 U.S.C. § 1983 for keeping him in prison longer than Wisconsin law...

Diane BOND, Plaintiff, v. Edwin UTRERAS, Andrew Schoeff, Christ Savickas, Robert Stegmiller, and Joseph Seinitz, in their individual capacities; Phillip Cline, Superintendent of the Chicago Police Department, Terry Hillard, Former Superintendent of, C.A.7 (Ill.), November 10, 2009
Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. 04 C 2617--Joan Humphrey Lefkow, Judge. Craig B. Futterman, Mandel Legal Aid Clinic, Chicago, IL, for Plaintiff. Nadine J. Wichern, Myriam Z. Kasper, Office of the Corporation Counsel, Chicago, IL, for Defendants-Appellants. Jonathan I. Loevy, Loevy & Loevy, Chicago, IL, for Intervenor-Appellee. Matthew J. Piers, Hughes Socol Piers Resnick & Dym, Cara A. Hendrickson, United States C...

Thomas R. WETZLER, Plaintiff-Appellant, v. ILLINOIS CPA SOCIETY & FOUNDATION RETIREMENT INCOME PLAN and Plan Administrator for the Illinois CPA Society & Foundation Retirement Income Plan, Defendant- Appellee. , C.A.7 (Ill.), November 10, 2009
Appeal from the United States District Court for the Central District of Illinois. No. 07 C 1326--Michael M. Mihm, Judge. Patrick J. O'Hara, Attorney, Cavanagh & O'Hara, Springfield, IL, for Plaintiff-Appellant. William P. Hardy, Attorney, Hinshaw & Culbertson, Springfield, IL, for Defendant-Appellee. KENDALL, District Judge. After working twenty-two years, Plaintiff Thomas Wetzler ("Wetzler") wanted a lump-sum disbursement of his entire retirement benefits from Illinois CPA Society...

UNITED STATES of America, Plaintiff-Appellee, v. Myron ROBINSON, a/k/a Boojie, Defendant-Appellant. , C.A.7 (Ill.), November 10, 2009
Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. 08 CR 00067--Elaine E. Bucklo, Judge. Marc Jones, Office of The United States Attorney, Chicago, IL, for Plaintiff-Appellee. William C. Gray, Attorney, Chicago, IL, for Defendant-Appellant. Myron Robinson, Pekin, IL, pro se. MANION, Circuit Judge. In 2003, Myron "Boojie" Robinson gave law enforcement agents a signed statement implicating himself in criminal firearms trafficki...

Paul OLSSON, Plaintiff-Appellant, v. Veronica O'MALLEY, et al., Defendants-Appellees. , C.A.7 (Ill.), November 9, 2009
Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. 1:08-cv-06317, Virginia M. Kendall, Judge. Paul Olsson, Kildeer, IL, pro se. Daniel L. Jasica, Waukegan, IL, for Veronica O'Malley, Sally Coffelt, Lawrence Mancini, Norton, Mancini, Argentati, Weiler & Deano, Wheaton, IL, for Brian Telander Rachel J. Fleischmann, Office of the Attorney General, Chicago, IL, for Fred Foreman, Charles E. Hervas, Hervas, Condon & Bersani, Itasca, IL...

Carlos M. CURRY, Plaintiff-Appellant, v. ADVOCATE BETHANY HOSPITAL, et. al., Defendants-Appellees. , C.A.7 (Ill.), November 9, 2009
Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. 04 C 7229, James B. Zagel, Judge. Carlos Curry, Milan, MI, pro se. ORDER After Deborah Curry died following emergency treatment for an asthma attack, her son, Carlos Curry [FN2] filed a lawsuit in district court seeking $480 million in damages for her wrongful death, alleging violations of the Emergency Medical Treatment and Active Labor Act (EMALTA), 42 U.S.C. § 1395dd; 42 U.S.C. §§ 1...

Jerome CARR, Plaintiff-Appellant, v. Patrick METALS, Defendant-Appellee. , C.A.7 (Ind.), November 9, 2009
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. No. 3:07-cv-00442-RL, Rudy Lozano, Judge. Jerome Carr, South Bend, IN, pro se. Alison G. Fox, Attorney, Baker & Daniels, South Bend, IN, for Defendant- Appellee. ORDER Plaintiff Jerome Carr sued Patrick Metals, his former employer, alleging race discrimination and retaliation in the workplace based on his salary and discipline he received. See42 U.S.C. §§ 2000e-5,1981. Carr's compla...

UNITED STATES of America, Plaintiff-Appellee, v. Columbus N. MALONE, also known as Nate, Defendant-Appellant. , C.A.7 (Ind.), November 9, 2009
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. No. 2:02-cr-00044-RLM-APR-2, Robert L. Miller, Jr., Chief Judge. Daniel L. Bella, Office of the United States Attorney, Hammond, IN, for Plaintiff-Appellee. Adam Tavitas, Merrillville, IN, for Defendant-Appellant. ORDER Columbus Malone was convicted of conspiracy to distribute cocaine base in violation of 21 U.S.C. § 846 and distribution of cocaine base in violation of 21 U.S.C. § 841(...

Vicki MURPHY, on behalf of Nathan Murphy, a minor, Plaintiff-Appellant. v. Michael J. ASTRUE, Commissioner of Social Security, Defendant-Appellee. , C.A.7 (Ill.), November 9, 2009
Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. 05 C 3044, Charles P. Kocoras, Judge. Marcie E. Goldbloom, Attorney, Daley, Debofsky & Bryant, Chicago, IL, for Plaintiff-Appellant. Sara E. Zeman, Attorney, Social Security Administration, Office of the General Counsel, Region V, Chicago, IL, for Defendant-Appellee. ORDER After an Administrative Law Judge ("ALJ") denied Supplemental Security benefits ("SSI") for Nathan Murphy, a min...

UNITED STATES of America, Plaintiff-Appellee, v. Katherine CHRISTIANSON and Bryan Rivera, Defendants-Appellants. , C.A.7 (Wis.), November 9, 2009
Appeals from the United States District Court for the Western District of Wisconsin. No. 08 CR 107--Barbara B. Crabb, Chief Judge. Meredith P. Duchemin, Office of the United States Attorney, Madison, WI, for Plaintiff-Appellee. Mark Maciolek, Madison, WI, for Defendants-Appellants. MANION, Circuit Judge. In the summer of 2000, defendants Katherine Christianson and Bryan Rivera were members of the Earth Liberation Front, identified by the FBI as a domestic eco-terrorist group. Beside...

UNITED STATES of America, Plaintiff-Appellee, v. Timothy DAY, Jr., Defendant-Appellant. , C.A.7 (Ill.), November 6, 2009
Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. 07 CR 261-1, John F. Grady, Judge. Steven J. Dollear, Office of the United States Attorney, Chicago, IL, for Plaintiff-Appellee. Thomas M. Leinenweber, Leinenweber & Baroini, Chicago, IL, for Defendant- Appellant. ORDER Timothy Day, Jr., robbed three banks in less than two weeks. During the robberies, Day posted at least one lookout outside, warned bank employees that he had a gun, a...

UNITED STATES of America, Plaintiff-Appellee, v. Jubali D. STOKES, Defendant-Appellant. , C.A.7 (Wis.), November 6, 2009
Appeal from the United States District Court for the Eastern District of Wisconsin. No. 05-CR-10, William C. Griesbach, Judge. ORDER Jubali Stokes pleaded guilty to conspiracy to distribute crack. See21 U.S.C. §§ 846,841(a)(1). Before sentencing, the government filed an information stating that Stokes hadpreviously been convicted in Illinois for possessing 15 to 100 grams of cocaine, a crimedefined by state law as a felony and punishable by up to 15 years' imprisonment. See720 ILL. COMP. STAT....

Joseph LAKE, individually and on behalf of all persons similarly situated, Plaintiff-Appellant, v. Langdon D. NEAL, et al., Defendants-Appellees. , C.A.7 (Ill.), November 6, 2009
Holding: The Court of Appeals, Evans, Circuit Judge, held that voter registration form did not constitute motor vehicle record under DPPA. Affirmed. Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. 07 C 2742--Robert W. Gettleman, Judge. Nicholas C. Kefalos, Adolfo Mondragon, Vernor Moran, Chicago, IL, for Plaintiff-Appellant. Terrence M. Burns, Dykema, Chicago, IL, for Defendants-Appellees. EVANS, Circuit Judge. The Duck T...

UNITED STATES of America, Plaintiff-Appellee, v. James OWENS, Defendant-Appellant. , C.A.7 (Ind.), November 6, 2009
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. No. 1:08-cr-164--Larry J. McKinney, Judge. Gayle Helart, Attorney, Office of the United States Attorney, Indianapolis, IN, for Plaintiff-Appellee. William H. Dazey, Jr., Attorney, Indiana Federal Community Defenders, Inc., Indianapolis, IN, for Defendant-Appellant. KANNE, Circuit Judge. James Owens pled guilty to transportation of child pornography in violation of 18 U.S.C. § 22...

UNITED STATES of America, Plaintiff-Appellee, v. Marvin James HAMILTON, Defendant-Appellant. , C.A.7 (Ill.), November 5, 2009
Appeal from the United States District Court for the Central District of Illinois. No. 08-40006-003. Joe B. McDade, Judge. Jeffrey B. Lang, Attorney, Office of the United States Attorney, Rock Island, IL, for Plaintiff-Appellee. Andrew M. Larson, Moline, IL, for Defendant-Appellant. ORDER Marvin Hamilton and several other men worked together to obtain powder cocaine and "cook" it into crack for resale. The conspiracy came to an abrupt conclusion when two of Hamilton's coconspirators were...

Nathan GILLIS, Petitioner-Appellant, v. Gregory GRAMS, Respondent-Appellee. , C.A.7 (Wis.), November 5, 2009
Appeal from the United States District Court for the Western District of Wisconsin. No. 08 CV 117, Barbara B. Crabb, Chief Judge. Marlon E. Lutfiyya, Attorney, Winston & Strawn LLP, Chicago, IL, for Petitioner-Appellant. Daniel J. O'Brien, Attorney, William L. Gansner, Attorney, Office of the Attorney General Wisconsin Department of Justice, Madison, WI, for Respondent- Appellee. ORDER Nathan Gillis, a Wisconsin prisoner, pleaded guilty to two counts of sexual assault and one count each ...

UNITED STATES of America, Plaintiff-Appellee, v. Kevin R. SCHULTZ, Defendant-Appellant. , C.A.7 (Ind.), November 5, 2009
Holdings: The Court of Appeals, Bauer, Circuit Judge, held that: (1) in matter of first impression, prior conviction of trafficking in counterfeit telecommunications instruments qualified as predicate offense for firearm conviction; (2) statute defining predicate offense was not void for vagueness; (3)Franks hearing was not required; and (4) defendant was not prejudiced by his statements that were not introduced at trial. Affirmed. Appeal from the United States District Court fo...

Daniel P. SCHROCK, d/b/a Dan Schrock Photography, Plaintiff-Appellant, v. LEARNING CURVE INTERNATIONAL, INC., RC2 Brands, Inc., and Hit Entertainment, Defendants-Appellees. , C.A.7 (Ill.), November 5, 2009
Holdings: The Court of Appeals, Sykes, Circuit Judge, held that: (1) assuming that photographs constituted derivative work, they also qualified for limited derivative-work copyright provided by Copyright Act; (2) derivative works are not subject to heightened originality requirement in order to be copyrightable; (3) author of derivative work need not obtain permission to copyright his work from owner of copyright in underlying work; and (4) fact issues existed as to whether parties ...

UNITED STATES of America, Plaintiff-Appellee, v. LC BELL, Defendant-Appellant. , C.A.7 (Ill.), November 5, 2009
Appeal from the United States District Court for the Central District of Illinois. No. 07 CR 20027--Michael P. McCuskey, Chief Judge. Richard N. Cox, Office of the United States Attorney, Urbana, IL, for Plaintiff-Appellee. Andrew J. McGowan, Robert A. Alvarado, Office of the Federal Public Defender, Peoria, IL, for Defendant-Appellant. WILLIAMS, Circuit Judge. After receiving information from confidential informants indicating that LC Bell was involved in the sale of crack cocaine,...

Lee H. PARKER, Plaintiff-Appellant, v. John EVANS, et al., Defendants-Appellees. , C.A.7 (Ill.), November 4, 2009
Appeal from the United States District Court for the Southern District of Illinois. No. 3:05-cv-00143-WDS, William D. Stiehl, Judge. ORDER Lee Parker, an inmate at the Menard Correctional Center in Illinois, brought a pro se complaint against four employees of the Illinois Department of Corrections, claiming that they unconstitutionally deprived him of access to the courts. See42 U.S.C. § 1983. The district court dismissed Parker's claim against Scott Hill, a correctional officer, at initial s...

Kurt GARBUTT, Petitioner, v. Eric H. HOLDER, Jr., Attorney General of the United States, Respondent. , C.A.7, November 4, 2009
Petition for Review of an Order of the Board of Immigration Appeals. No. A036 991 429. Charles Roth, Chicago, IL, for Petitioner. Liza Murcia, Department of Justice, Washington, DC, for Respondent. ORDER Kurt Garbutt, a citizen of Belize, was found to be removable after an immigration judge determined, applying this court's precedent in Fernandez v. Mukasey, 544 F.3d 862 (7th Cir.2008), that his second state conviction for cocaine possession constituted an aggravated felony. The IJ furth...

UNITED STATES of America, Plaintiff-Appellee, v. Michael Terrell WILLIAMS, Defendant-Appellant. , C.A.7 (Ind.), November 4, 2009
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. No. 3:07-cr-00133-RLM-CAN-1, Robert L. Miller, Jr., Chief Judge. Daniel L. Bella, Attorney, Office of the United States Attorney, Hammond, IN, for Plaintiff-Appellee. Clark W. Holesinger, Attorney, Law Office of Clark W. Holesinger, Valparaiso, IN, for Defendant-Appellant. ORDER Michael Williams pleaded guilty to possessing marijuana with intent to distribute, see21 U.S.C. § 841(a)(1),...

Cecil W. WATSON, Plaintiff-Appellant, v. John E. POTTER, Postmaster General, United States Postal Service, Defendant- Appellee. , C.A.7 (Ill.), November 4, 2009
Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. 07 C 413, Rebecca R. Pallmeyer, Judge. Cecil W. Watson Bolingbrook, IL, pro se. Gina E. Brock, Attorney, Office of the United States Attorney, Chicago, IL, for Defendant-Appellee. ORDER Cecil Watson, who is African-American, worked for the United States Postal Service for 22 years before he was fired in 2006. He sued his former employer for employment discrimination under Title VII o...

UNITED STATES of America, Plaintiff-Appellee, v. Raymond RYALS, Defendant-Appellant. , C.A.7 (Wis.), November 4, 2009
Appeal from the United States District Court for the Western District of Wisconsin. No. 06 CR 99, Barbara B. Crabb, Chief Judge. Rita M. Rumbelow, Attorney, Office of the United States Attorney, Madison, WI, for Plaintiff-Appellee. Erika L. Bierma, Attorney, Federal Defender Services, Madison, WI, for Defendant-Appellant. ORDER Raymond Ryals brokered the sale of one ounce of crack cocaine to a confidential informant, for which he sought to earn $50. A jury ultimately convicted him of ...

Gregorio GURROLA-ROSALES, Petitioner, v. Eric H. HOLDER, Jr., Attorney General of the United States, Respondent. , C.A.7, November 4, 2009
Petition for Review of an Order of the Board of Immigration Appeals. W. Michael Sharma-Crawford, Overland Park, KS, for Petitioner. Kevin J. Conway, Department of Justice, Civil Division, Immigration Litigation, Washington, DC, for Respondent. ORDER Gregorio Gurrola-Rosales, a citizen of Mexico, illegally crossed the border into the United States in 1992. He was 17 years old at the time. In 2004, the Department of Homeland Security ("DHS") commenced removal proceedings against him. In 20...

UNITED STATES of America, Plaintiff-Appellee, v. Anthony HAMPTON, Defendant-Appellant. , C.A.7 (Ind.), November 4, 2009
Holdings: The Court of Appeals, Williams, Circuit Judge, held that: (1) officers had reasonable suspicion to conduct investigatory stop; (2) evidence was sufficient to establish constructive and actual possession; (3) residential entry qualified as a violent felony; but (4) district court committed plain error when it enhanced sentenced based on criminal recklessness conviction. Conviction affirmed; sentenced vacated and remanded for resentencing. Winfield D. Ong, Attorney (a...

UNITED STATES of America, Plaintiff-Appellee, v. Tyrone VAUGHN, Defendant-Appellant. , C.A.7 (Ind.), November 3, 2009
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. No. 08 CR 18--Robert L. Miller, Jr., Chief Judge. Donald J. Schmid, Office of the United States Attorney, South Bend, IN, for Plaintiff-Appellee. William J. Stevens, Lakeside, MI, for Defendant-Appellant. ROVNER, Circuit Judge. A jury convicted Tyrone Vaughn of possession with intent to distribute five grams or more of crack cocaine, in violation of 21 U .S.C. § 841(a)(1); distrib...

UNITED STATES of America, Plaintiff-Appellee, v. David W. HARRIS, Defendant-Appellant. , C.A.7 (Wis.), October 30, 2009
Holdings: The Court of Appeals, Flaum, Circuit Judge, held that: (1) co-conspirator's testimony was properly admitted under the exception to the hearsay rule for a co-conspirator's declarations; (2) officers who conducted traffic stop of defendant's vehicle had sufficient communication with detective to justify application of the collective knowledge doctrine; and (3) informant's tip that defendant had cocaine in his vehicle provided probable cause to stop and search the vehicle. Af...

UNITED STATES of America, Plaintiff-Appellee, v. Archie R. KENERSON, Defendant-Appellant. , C.A.7 (Ill.), October 30, 2009
Appeal from the United States District Court for the Central District of Illinois. No. 08-CR-40015--Michael M. Mihm, Judge. Linda L. Mullen, Office of the United States Attorney, Rock Island, IL, for Plaintiff-Appellee. George F. Taseff, Office of the Federal Public Defender, Peoria, IL, for Defendant-Appellant. FLAUM, Circuit Judge. Defendant-appellant Archie R. Kenerson challenges the circumstances of a traffic stop, the subsequent Terry search, and a police officer's resulting vi...

SCHERING-PLOUGH HEALTHCARE PRODUCTS, INC., Plaintiff-Appellant/Cross-Appellee, v. SCHWARZ PHARMA, INC. and Kremers Urban, LLC, Defendants-Appellees, Breckenridge Pharmaceuticals, Inc. and Paddock Laboratories, Inc., Defendants- Appellees/Cross-Ap, C.A.7 (Wis.), October 29, 2009
Appeals from the United States District Court for the Eastern District of Wisconsin. No. 2:07-CV-00642-JPS--J.P. Stadtmueller, Judge. Emily Johnson Henn, Covington & Burling, Washington, DC, for Plaintiff- Appellant. James P. Ellison, Hyman, Phelps & McNamara, Washington, DC, Lisa M. Arent, Whyte Hirschboeck Dudek, Milwaukee, WI, C. Randolph Ross, Breckenridge Pharmaceuticals, Inc., Berlin, CT, Richard A. Edlin, Greenberg Traurig, New York, NY, for Defendants-Appellees. POSNER, Circuit...

UNITED STATES of America, Plaintiff-Appellee, v. Robert SMITH, Defendant-Appellant. , C.A.7 (Ill.), October 28, 2009
Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. 04 CR 00463, Ruben Castillo, Judge. April M. Perry, Attorney, Office of the United States Attorney, Chicago, IL, for Plaintiff-Appellee. Robert Smith, Pine Knot, KY, pro se. ORDER After mailing a pipe bomb to the man dating his former girlfriend, Robert Smith was convicted in 2005 of knowingly possessing an unregistered destructive device, see26 U.S.C. § 5861(d), knowingly making a d...

UNITED STATES of America, Plaintiff-Appellee, v. Demarlon J. LEWIS and James T. King, Defendants-Appellants. , C.A.7 (Ill.), October 28, 2009
Appeals from the United States District Court for the Northern District of Illinois, Western Division. No. 3:06-cr-50074-2, 3, Philip G. Reinhard, Judge. ORDER James King, Demarlon Lewis, and Joaquin Tankey were charged with plotting to rob a cocaine stash house which, they would later find out, did not exist. Tankey pleaded guilty, but King and Lewis were convicted after a jury trial of conspiracy and attempted possession of cocaine with intent to distribute. See21 U.S.C. §§ 846, 841(a)(1). K...

UNITED STATES of America, Plaintiff-Appellee, v. Joaquin J. TANKEY, Defendant-Appellant. , C.A.7 (Ill.), October 28, 2009
Appeal from the United States District Court for the Northern District of Illinois, Western Division. No. 3:06-cr-50074-1, Philip G. Reinhard, Judge. Joseph C. Pedersen, Attorney, Office of the United States Attorney, for Plaintiff-Appellee. Francis L. Ostian, Ostian & Associates, Chicago, IL, for Defendant- Appellant. Joaquin J. Tankey, Chicago, IL, pro se. ORDER Joaquin Tankey pleaded guilty to conspiring to acquire and distribute cocaine, and to carrying a gun during that crime. He...

SUNSTAR, INC., Plaintiff-Appellant, Defendant-Appellant/Cross-Appellee, v. ALBERTO-CULVER COMPANY, Defendant-Appellee, Plaintiff-Appellee/Cross-Appellant, and Bank One Corporation, Defendant-Appellee. Kaneda, Kosan, Kabushiki Kaisha, Defendant-A, C.A.7 (Ill.), October 28, 2009
Appeals from the United States District Court for the Northern District of Illinois, Eastern Division. Nos. 01 C 736, 01 CV 5825--Ronald A. Guzman, Judge. Philip S. Beck, Attorney, Bartlit, Beck, Herman, Palenchar & Scott, Chicago, IL, Bryan W. Leach, Bartlit, Beck, Herman, Palenchar & Scott, Denver, CO, for Plaintiff-Appellant, Defendant-Appellant/Cross-Appellee. Craig S. Fochler, Attorney, Foley & Lardner, LLP, John Bostjancich, Attorney, Smart & Bostjancich, Chicago, IL, for Defendant-A...

JAMES RIVER INSURANCE COMPANY, Plaintiff-Appellant, v. KEMPER CASUALTY INSURANCE COMPANY, Defendant-Appellee. , C.A.7 (Ill.), October 28, 2009
Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. 07 C 4233--Harry D. Leinenweber, Judge. Michael Resis, Attorney, Smithamundsen, LLC, Chicago, IL, for Plaintiff- Appellant. Mitchell D. Rose, Attorney, Edward R. Ruberry, Attorney, Bollinger, Ruberry & Garvey, Chicago, IL, for Defendant-Appellee. POSNER, Circuit Judge. This diversity suit pits the James River insurance company against the Kemper insurance company. James River se...

Derek LEWITTON, Plaintiff-Appellee, v. ITA SOFTWARE, INCORPORATED, Defendant-Appellant. , C.A.7 (Ill.), October 28, 2009
Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. 07 C 4210--Robert M. Dow, Jr., Judge. Donald J. Mizerk, Attorney, Welsh & Katz, Chicago, IL, for Plaintiff- Appellee. Brian A. Davis, Attorney, Choate, Hall & Stewart, Boston, MA, for Defendant-Appellant. EVANS, Circuit Judge. Three months after Derek Lewitton stopped working for ITA Software, Inc. he attempted to exercise options to purchase 138,900 shares of ITA stock. Accordi...

RIVER OF LIFE KINGDOM MINISTRIES, Plaintiff-Appellant, v. VILLAGE OF HAZEL CREST, Defendant-Appellee. , C.A.7 (Ill.), October 27, 2009
Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. 08 C 950--Joan B. Gottschall, Judge. David R. Langdon, Langdon & Hartman, Cincinnati, OH, for Plaintiff- Appellant. John B. Murphey, Rosenthal, Murphey, Coblentz & Janega, Chicago, IL, for Defendant-Appellee. WILLIAMS, Circuit Judge. River of Life Kingdom Ministries ("the Church") attempted to relocate its congregation from a crowded warehouse in Chicago Heights to its very own ...

Donald C. PERRY and William Wilk, Plaintiffs-Appellants, v. SHEET METAL WORKERS' LOCAL NO. 73 PENSION FUND, Defendant-Appellee. , C.A.7 (Ill.), October 27, 2009
Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. 07 C 635--Jeffrey N. Cole, Magistrate Judge. Carol Nguyen, Attorney, Despres, Schwartz & Geoghegan, Chicago, IL, for Plaintiffs-Appellants. Michael I. Richardson, Attorney, Franczek Sullivan, Chicago, IL, for Defendant-Appellee. WILLIAMS, Circuit Judge. Donald Perry and William Wilk maintain they should have received pension credit from the Sheet Metal Workers' Local No. 73 Pens...

Larry GEORGE, Petitioner-Appellant, v. Judy P. SMITH, Warden, Respondent-Appellee. , C.A.7 (Wis.), October 27, 2009
Appeal from the United States District Court for the Eastern District of Wisconsin. No. 04-C-941--Charles N. Clevert, Jr., Chief Judge. Christie O. Tate, Skadden, Arps, Slate, Meagher & Flom, Chicago, IL, for Petitioner-Appellant. William L. Gansner, Office of the Attorney General, Madison, WI, for Respondent-Appellee. TINDER, Circuit Judge. In 2001, Larry George was convicted in Wisconsin of two counts of second degree sexual assault by use of force, Wis. Stat. § 940.225(2)(a), and...

Patrick L. BUTLER, Plaintiff-Appellant, v. VILLAGE OF ROUND LAKE POLICE DEPARTMENT, Defendant-Appellee. , C.A.7 (Ill.), October 27, 2009
Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. 06 C 3366--Charles P. Kocoras, Judge. Martin K. Denis, Barlow, Kobata & Denis, Chicago, IL, for Plaintiff- Appellant. Jody Knight, Gregory S. Mathews, Ancel, Glink, Diamond, Bush, Dicianni & Krafthefer, P.C., Chicago, IL, for Defendant-Appellee. EVANS, Circuit Judge. Patrick Butler, who began working as a police officer in the little village of Round Lake (Illinois) in 1997, app...

UNITED STATES of America, Plaintiff-Appellee, v. Marjorie VENTURELLA and Victoria Biks, Defendants-Appellants. , C.A.7 (Wis.), October 27, 2009
Appeal from the United States District Court for the Western District of Wisconsin. No. 06 CR 168--John C. Shabaz, Judge. Daniel J. Graber, Office of the United States Attorney, Madison, WI, for Plaintiff-Appellee. Michael W. Lieberman, Federal Defender Services, Krista Ralston, University of Wisconsin Law School, Madison, WI, for Defendants-Appellants. WILLIAMS, Circuit Judge. Victoria Biks and Marjorie Venturella pled guilty to one count of mail fraud and agreed to pay a criminal ...

UNITED STATES of America, Plaintiff-Appellee, v. Greg FORT, Defendant-Appellant. , C.A.7 (Ill.), October 26, 2009
Appeal from the United States District Court for the Northern District of Illinois, Western Division. No. 93 CR 20024-4, Philip G. Reinhard, Judge. John G. McKenzie, Office of the United States Attorney, Rockford, IL, for Plaintiff-Appellee. Greg Fort, Terre Haute, IN, pro se. ORDER The district court denied Greg Fort's motion under 18 U.S.C. § 3582(c)(2) to modify his sentence of life imprisonment for crack-cocaine offenses on the ground that he was ineligible for a reduction. Fort appeals...

UNITED STATES of America, Plaintiff-Appellee, v. Quadale D. COLEMAN, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. James V. Frazier, Defendant-Appellant. , C.A.7 (Wis.), October 26, 2009
Appeal from the United States District Court for the Western District of Wisconsin. Nos. 07 CR 80, 06 CR 221, John C. Shabaz, Judge, Barbara B. Crabb, Chief Judge. Meredith P. Duchemin, Office of the United States Attorney, Madison, WI, for Plaintiff-Appellee. Quadale D. Coleman, Oxford, WI, pro se. Richard H. Parsons, Office of the Federal Public Defender, Peoria, IL, A. Brian Threlkeld, Office of the Federal Public Defender, Urbana, IL, for Defendant-Appellant. ORDER We have consolida...

Gary T. PIERCE, Plaintiff-Appellant, v. ILLINOIS DEPARTMENT OF HUMAN SERVICES, Defendant-Appellee. , C.A.7 (Ill.), October 26, 2009
Appeal from the United States District Court for the Central District of Illinois. No. 03 C 3222, Richard Mills, Judge. Gary T. Pierce, Springfield, IL, pro se. Deborah L. Ahlstrand, Office of the Attorney General Civil Appeals Division, Chicago, IL, for Defendant-Appellee. ORDER Gary Pierce, now proceeding pro se, appeals the district court's entry of summary judgment against him. On the day that Pierce's response to the motion for summary judgment filed by the Illinois Depart of Human ...

UNITED STATES of America, Plaintiff-Appellee, v. Candice ROSENBERG, Defendant-Appellant. , C.A.7 (Wis.), October 26, 2009
Holdings: The Court of Appeals, Evans, Circuit Judge, held that: (1) evidence was sufficient to conclude that prescriptions written by defendant to four patients were includable as relevant conduct, and (2) District Court did not improperly mix criminal and civil standards of liability. Affirmed. Appeal from the United States District Court for the Western District of Wisconsin. No. 07 CR 145 C--Barbara B. Crabb, Chief Judge. Paul W. Connell, Attorney, Office of the United States ...

UNITED STATES of America, Plaintiff-Appellee, v. Jermaine C. INGRAM, Defendant-Appellant. , C.A.7 (Ill.), October 23, 2009
Appeal from the United States District Court for the Southern District of Illinois. No. 4:98-CR-40034-003, Michael J. Reagan, Judge. James M. Cutchin, Office of the United States Attorney, Benton, IL, for Plaintiff-Appellee. Stephen C. Williams, Office of the Federal Public Defender, East St. Louis, IL, for Defendant-Appellant. ORDER Jermaine Ingram pleaded guilty to distributing crack cocaine, 21 U.S.C. § 841(a)(1), and was sentenced to 169 months' imprisonment and five years' supervised ...

UNITED STATES of America, Plaintiff-Appellee, v. Eddie D. GREGORY, Defendant-Appellant. , C.A.7 (Ind.), October 23, 2009
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. No. 1:93-CR-00148-15, Larry J. McKinney, Judge. Gerald A. Coraz, Attorney, Office of the United States Attorney, Indianapolis, IN, for Plaintiff-Appellee. Eddie D. Gregory, Terre Haute, IN, pro se. Order Eddie D. Gregory is serving a sentence of 480 months' imprisonment for crack-cocaine offenses. After the Sentencing Commission reduced the Guideline ranges for such crimes, and made th...

UNITED STATES of America, Plaintiff-Appellee, v. Quentin LOVE, Defendant-Appellant. , C.A.7 (Ill.), October 23, 2009
Appeal from the United States District Court for the Northern District of Illinois, Western Division. No. 07 CR 50065, Frederick J. Kapala, Judge. Mark Karner, Office of the United States Attorney, Rockford, IL, for Plaintiff-Appellee. Paul E. Gaziano, Office of the Federal Defender Program, Chicago, IL, for Defendant-Appellant. ORDER A jury found Quintin Love guilty of possession of a firearm by a felon, 18 U.S.C. § 922(g)(1), and he was sentenced to 120 months' imprisonment. Love file...

Julie Stephens LONG, Plaintiff-Appellant, v. TEACHERS' RETIREMENT SYSTEM OF THE STATE OF ILLINOIS, Defendant-Appellee. , C.A.7 (Ill.), October 23, 2009
Appeal from the United States District Court for the Central District of Illinois. No. 06-3194--Richard Mills, Judge. KENDALL, District Judge. Julie Stephens Long's employment with the Teachers' Retirement System of the State of Illinois ("TRS") came to an end on February 3, 2006. While TRS maintains that it fired her for poor performance, Long believes that she was fired in retaliation for taking leave under the Family and Medical Leave Act ("FMLA"). The district court granted summary...

Joseph KAMELGARD, Plaintiff-Appellant/Cross-Appellee, v. Jerzy MACURA, Defendant-Appellee/Cross-Appellant. , C.A.7 (Ill.), October 23, 2009
Appeals from the United States District Court for the Northern District of Illinois, Eastern Division. No. 08 C 03211--Suzanne B. Conlon, Judge. Miles J. Zaremski, Attorney, Zaremski Law Group, Northbrook, IL, for Plaintiff-Appellant/Cross-Appellee. Adam L. Saper, Attorney, Hinshaw & Culbertson, Chicago, IL, for Defendant- Appellee/Cross-Appellant. POSNER, Circuit Judge. The plaintiff, a bariatric surgeon who lives and practices in New Jersey, brought this diversity suit in the fede...


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