Case law

United States v. Zuno

731 F.3d 718 · Court of Appeals for the Seventh Circuit · Sep 30, 2013

Anderson, 580 F.3d 639, 649 (7th Cir.2009) (“To qualify for an enhancement under section 3B1.1, a defendant ‘must have been the organizer [or] leader ... of one or more other participants’ in the charged criminal activity … And the Zuños clearly controlled their cousin Juan who delivered and picked up cocaine for them at their direction as well as Individual D.

Floyd Wood v. Tommy G. Thompson, . As Secretary of the Department of Health and Human Services

246 F.3d 1026 · Court of Appeals for the Seventh Circuit · Apr 12, 2001

However, as noted, the statute clearly excludes dental procedures from coverage under Part B. There is only one exception to the exclusion of dental services under Part B. … While Wood’s procedure probably does not qualify as “routine dental care,” it does not qualify as a'“complex surgical procedure” either.

Perry v. Holmes

956 F.2d 272 · Court of Appeals for the Seventh Circuit · Mar 4, 1992

The district court granted summary judgment in favor of the defendants based on the defense of qualified immunity. … violate clearly established statutory or constitutional rights of which a reasonable person would have known.' " Hansen v.

Gerald H. BIOLCHINI, Plaintiff-Appellant, v. GENERAL ELECTRIC COMPANY, Defendant-Appellee

167 F.3d 1151 · Court of Appeals for the Seventh Circuit · Feb 5, 1999

First, he challenges the district court’s decision that he failed to establish a prima facie claim of age discrimination. … First, the record clearly shows that the human resources department had received complaints from several PSC employees about Biolchini’s technical inadequacy and “punitive” management style.

Wayne R. Metz v. Transit Mix, Inc.

828 F.2d 1202 · Court of Appeals for the Seventh Circuit · Aug 28, 1987

You do not get immunity from an otherwise lawful employment decision by growing old. … There is no “qualified welder” in the abstract, and there is no “qualified manager of a cement plant” either.

Patricia D. Swanson v. Elmhurst Chrysler Plymouth, Inc.

882 F.2d 1235 · Court of Appeals for the Seventh Circuit · Aug 16, 1989

This displeased Swanson because she felt she was qualified to replace Brietis. *1237 In late November, 1984, Swanson requested a day off for personal reasons. … Based on the evidence, we conclude this finding was likewise not clearly erroneous.

Robert W. BECHOLD, Plaintiff-Appellant, v. IGW SYSTEMS, INC., Defendant-Appellee

817 F.2d 1282 · Court of Appeals for the Seventh Circuit · May 4, 1987

Since Bechold complained that he was adversely affected by the employer’s decision to reduce its force, he must have shown the following elements to establish a prima facie case of discrimination: (1) that he was in the protected … Therefore, the district court’s finding that IGW’s proffered reason was not pretextual is not clearly erroneous.

VanKirk, Thomas J. v. Boyer, R. David

Court of Appeals for the Seventh Circuit · Jan 9, 2002

This treatment is clearly correct, as well as not contested by any party. Property is broadly defined by the Bankruptcy Code, see 11 U.S.C. sec. 541(a)(1), and certainly includes a valuable, marketable asset. … Code sec. 7.1-1-1- 1(b)) by making it more difficult for owners of establishments at which liquor is served to expand their business by borrowing.

In Re Petition for Naturalization of Antonio Torres. Antonio Torres v. Immigration & Naturalization Service

602 F.2d 190 · Court of Appeals for the Seventh Circuit · Jul 17, 1979

Three days prior to September 9 the Director of the Selective Service System advised the State Director of Selective Service in Madison, Wisconsin, by letter that Torres did not qualify for classification in Class IV-C (Alien … As in Astrup there is no question in this case that the first prong of the test has been met, for Torres clearly applied for exemption from military service.

United States v. Horace E. Bressler

772 F.2d 287 · Court of Appeals for the Seventh Circuit · Sep 6, 1985

Second, the evidence clearly established that the defendant did not “misunderstand” the law at all. … The IRS booklet clearly notifies taxpayers that filing is mandatory.” Id. at 80 .

United States v. Frederick C. Rezin

322 F.3d 443 · Court of Appeals for the Seventh Circuit · Mar 4, 2003

The defendant argues that “involving a minor” in section 2252(b)(2) qualifies not just “abusive sexual conduct” but also “aggravated sexual abuse” and “sexual abuse.” … (He does not argue, however, that it also qualifies the enumerated federal offenses.)

United States v. Jose L. Yanez and Kenneth Torres

985 F.2d 371 · Court of Appeals for the Seventh Circuit · Feb 10, 1993

Consequently, Torres believes the district court should have ordered specific performance of the plea agreement. *376 The Government stresses that its obligation to recommend a downward departure was qualified by the agreement … That being the case, the “court’s findings of fact will not be disturbed unless clearly erroneous.” United States v.

Live Stock National Bank v. United States

106 F.2d 240 · Court of Appeals for the Seventh Circuit · Jun 30, 1939

But claimant assumed that the letter meant that no further consideration would be given to the claimed heirship unless such heirship should be established by court proceedings. … Kostecka, although named as beneficiary in the policy, was not a member of the allowable class of beneficiaries, and Margaret, the child of Mary, could not take since she was not named as a bene-’ ficiary and could not qualify

United States v. Bonnie L. Urfer and Michael R. Sprong

287 F.3d 663 · Court of Appeals for the Seventh Circuit · Apr 26, 2002

If unreasonable advice of counsel could automatically excuse criminal behavior, criminals would have a straight and sure path to immunity. … “A judge may, and generally should, block the introduction of evidence supporting a proposed defense unless all of its elements can be established.” United States v. Haynes, 143 F.3d 1089, 1090 (7th Cir.1998).

United States v. Green

327 F.2d 715 · Court of Appeals for the Seventh Circuit · Feb 12, 1964

Russano, 257 F.2d 712 (2d Cir. 1958), where the evidence established two conspiracies, with a break between the two. The rule in Kotteakos v. … The court was clearly correct in rejecting Faulkner’s instruction naming witness Evans. And in different words the1 substance of Gayles’ instruction was covered.

Joel Rhodes v. Michael Dittmann

783 F.3d 669 · Court of Appeals for the Seventh Circuit · Apr 14, 2015

He raises three arguments for reversal: first, that there is no clearly established right to forgo self-representation at the last minute; second, that the Wisconsin courts did not unrea- sonably apply nor act contrary to … clearly established Su- preme Court precedent when they denied Rhodes’s request to reinstate Kovac; and third, that the district court erred in deciding that Rhodes was entitled to issuance of the writ be- cause the Wisconsin

Dewey M. Rumfelt v. United States

445 F.2d 134 · Court of Appeals for the Seventh Circuit · Oct 12, 1971

Furthermore, it is well established that this Court must consider the evidence in the light most favorable to the Government. United States v. Reed, 329 F.2d 865 (7 Cir., 1968). … These items were connected to defendant through the qualified tracking dog and by the positive identifications of the trooper.

United States v. Ronald E. Schwensow

151 F.3d 650 · Court of Appeals for the Seventh Circuit · Aug 6, 1998

We review de novo legal determinations made with respect to a suppression ruling, and factual determinations are reviewed under the clearly erroneously standard. United States v. … To determine whether a suspect’s right to cut off questioning was “scrupulously honored,” Mosley established a multi-factor test that includes an inquiry into the amount of time that lapsed between interrogations; the scope

Caliga v. Inter Ocean Newspaper Co.

157 F. 186 · Court of Appeals for the Seventh Circuit · Oct 1, 1907

The first-mentioned right is unaffected by either class of copyright, and one or both are subject to his disposition, absolute or qualified, in common with other property- rights. … The contention in support of the copyright is substantially this: That the established rule of the patent law against duplication of patents for the same invention (Miller v. Eagle Manuf. Co., 151 U.

International Association of MacHinists and Aerospace Workers, Progressive Lodge No. 1000 v. General Electric Company

865 F.2d 902 · Court of Appeals for the Seventh Circuit · Feb 22, 1989

referred to is section 3(b), which provides: “It is specifically agreed that matters relating to the management of the Company, including but not limited to the right to control operation and the assignment of work, the establishment … Appellate judges can read a document as well as trial judges, but now that appellate review of findings of fact based solely on documentary evidence has been held to be governed by the clearly-erroneous standard, Anderson