Case law

United States v. Asher Adkins

274 F.3d 444 · Court of Appeals for the Seventh Circuit · Dec 13, 2001

The term “use,” Bailey established authoritatively, means active use, not passive availability. … Adkins did not *455 raise this issue at his sentencing hearing in January 2000, despite the fact that Apprendi was clearly on the horizon by that time, see Nance, 236 F.3d at 823-24 , and so, as in Bjorkman, Martinez, and

United States v. Roy Allen Skidmore

254 F.3d 635 · Court of Appeals for the Seventh Circuit · Jun 19, 2001

In examining what constitutes a statement in “furtherance of a conspiracy,” we have explained that a wide range of statements qualify, “including] comments designed to assist in recruiting potential members, to inform other … Although the court’s use of the word failure was indeed a poor choice, the context of the instruction in which the word was used was one in which the court was clearly indicating to the jury that the government had the burden

Pillsbury-Washburn Flour Mills Co. v. Eagle

86 F. 608 · Court of Appeals for the Seventh Circuit · Apr 5, 1898

Louis, and its reputation is already established as a manufacturer and dealer of this Character. … The respondents try to justify their assumption of Glenboig, first, on the ground that their clay- is of the same seam; and, second, that the word ‘Glenboig,’ as used by them, is qualified by the word ‘Young’s,’ and so misapprehension

United States v. Gracia, Mario

Court of Appeals for the Seventh Circuit · Nov 19, 2001

However, an FBI agent testified that he had spoken to Hirsh, and Hirsh had told him that Gracia would cooperate with the authorities only if Gracia was granted transactional immunity. … While the criminal activity must involve five or more participants, to qualify for the increase as manager or supervisor, the district court had to find that Gracia had control over only one participant.

United States v. Ulana Jaroszenko

92 F.3d 486 · Court of Appeals for the Seventh Circuit · Aug 29, 1996

Her training and experience make her best qualified to be a secretary, but, given her criminal record, her immediate prospects in that field seem limited indeed. … Our decision to vacate the restitution order makes it unnecessary for us to address Jaroszenko’s contentions about the method of payment it established.

Dored Shiba v. Markwayne Mullin

Court of Appeals for the Seventh Circuit · Apr 23, 2026

And even within this discussion of the administrative-appeal structure, the Court did not imply— much less hold—that the Board was divested of statutory au- thority to review an otherwise qualifying personnel decision that … Whether an agency formally denies a security clearance or constructively denies one by virtue of delay, its refusal to grant access to classified information is immune from judicial review.

Gerald W. Bavido v. Kenneth S. Apfel, Commissioner of Social Security

215 F.3d 743 · Court of Appeals for the Seventh Circuit · Jun 13, 2000

This statute, he contends, requires governmental agencies to establish a procedure for disclosing records to an individual. … The Privacy Act clearly directs agencies to devise special procedures for disclosure of medical records in cases in which direct transmission could adversely affect a requesting individual.

United States v. White

639 F.3d 331 · Court of Appeals for the Seventh Circuit · Apr 6, 2011

Bursey, 85 F.3d 293, 296 (7th Cir. 1996) (“[S]tatements that are offered not to prove ‘the truth of the matter asserted,’ but for some other legitimate purpose, do not qualify as hearsay.”). … And because the district court did not clearly err in finding that White had presented the teller with a note which stated that he had a gun, the district court properly enhanced White’s sentence under § 2B3.1(b)(2)(F).

United States v. Thomas York

933 F.2d 1343 · Court of Appeals for the Seventh Circuit · Jun 3, 1991

When viewed in the context of a mail fraud scheme, the specific characteristics of the two crimes clearly reinforce the government’s premise that York orchestrated both plans. … The court could, perhaps, have conducted the voir dire entirely outside the presence of the jury, but once the defense had been permitted to qualify Dr.

Elvira Garcia-Arce v. William Barr

Court of Appeals for the Seventh Circuit · Dec 30, 2019

discretion here to review Garcia‐ Arce’s unexhausted Convention Against Torture claim, Gar‐ cia‐Arce would nevertheless not be entitled to relief. 8 Nos. 19‐1453 & 19‐2312 To qualify … Rather, appellate coun‐ sel’s performance is deficient only if she abandoned, without strategic justification, a “claim that was both ‘obvious’ and ‘clearly stronger’ than the claim that [she] actually pre‐ sented.”

Friends of Milwaukee v. Milwaukee Metro

Court of Appeals for the Seventh Circuit · Sep 2, 2004

Supp. 2d at 383 (“The language of this statute ‘clearly contemplates action prior to the filing of a citizen suit.’ ”) (internal citation omitted); Connecticut Fund for the Env’t, 660 F. … The plaintiffs do not challenge that the second element has been established.

EEOC v. Village at Hamilton Pointe LLC

102 F.4th 387 · Court of Appeals for the Seventh Circuit · May 9, 2024

The standards governing the grant of summary judgment are well established. … The district court correctly concluded that the facts of this case are clearly distinguishable from those in Chaney.

Frank O. Castaneda v. Gary L. Henman

914 F.2d 981 · Court of Appeals for the Seventh Circuit · Oct 1, 1990

More recently, the Supreme Court has stated that a statute or regulation creates a liberty interest “by establishing ‘substantive predicates’ to govern official decisionmaking, ... and, further, by mandating the outcome to … Because of the qualifying language of § 552a(e)(5), the district court found that the section only sets a goal of accurate record-keeping.

Edward Q. Lupia v. Stella D'OrO Biscuit Co., Inc.

586 F.2d 1163 · Court of Appeals for the Seventh Circuit · Nov 15, 1978

As there held, mere recitation of antitrust claims in a complaint does not render that complaint immune from summary disposition, if uncontradicted facts show otherwise. … And Judge Flaum points out that the court in that case actually states that primary line cases are “clearly distinguishable from suits filed by a local purchaser against a manufacturer, where competition between purchasers

United States v. Aaron Moeser

758 F.3d 793 · Court of Appeals for the Seventh Circuit · Jul 10, 2014

Notably, Moeser never argued (to the dis- trict court or to our court) that the bank and the contractors do not qualify as victims of PARC’s scheme. … But it’s clearly not what happened in this case.

Larry G. Solles v. Thomas R. Israel

868 F.2d 242 · Court of Appeals for the Seventh Circuit · Feb 8, 1989

Treuthardt was subsequently granted immunity from prosecution in exchange for her testimony. Drenning and Solles were tried jointly. … The resulting testimony, that the hair from the ski mask was inconsistent with Drenning’s hair, was potentially very helpful to the defense, since the defense expert was outstandingly qualified and completely overshadowed

Deboer v. Village Of Oak Park

267 F.3d 558 · Court of Appeals for the Seventh Circuit · Sep 20, 2001

If an application clearly violated the Use Policy, senior administrative clerk Jan Jankowski or Village Clerk Sandra Sokol would deny that application immediately. … To qualify for use of the Village Hall facility, the primary purpose of the event must still be a civic one, as the Village has defined the term.

Benjamin v. Katten Muchin & Zavis

10 F. App'x 346 · Court of Appeals for the Seventh Circuit · May 11, 2001

Benjamin further contends that he was more qualified than Martin because of his prior paralegal experience and that he was held to the same standards as the others, but he was still paid less. … He suggests that KMZ misrepresented to the district court that he was hired as a docketing clerk and not a paralegal, and the district court therefore based its discovery ruling on a clearly erroneous fact.

Assure Competitive Transportation, Inc. v. United States

629 F.2d 467 · Court of Appeals for the Seventh Circuit · Aug 7, 1980

withholding his power of appointment, ACT asserts, the President is effectively legislating a different size Commission than the eleven member Commission prescribed by Congress. 10 It is clear that the President is not completely immune … Extension — Pen sacola, Fla., supra, in which the Commission did discuss and find material harm to existing carriers, it was clearly the protestants who made the showing and not the applicant who failed to show the reverse

Elvira Garcia-Arce v. William Barr

Court of Appeals for the Seventh Circuit · Dec 30, 2019

discretion here to review Garcia‐ Arce’s unexhausted Convention Against Torture claim, Gar‐ cia‐Arce would nevertheless not be entitled to relief. 8 Nos. 19‐1453 & 19‐2312 To qualify … Rather, appellate coun‐ sel’s performance is deficient only if she abandoned, without strategic justification, a “claim that was both ‘obvious’ and ‘clearly stronger’ than the claim that [she] actually pre‐ sented.”