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Tuesday, April 12, 2005

Ind. Decisions - 7th Circuit Posts Three Today

Ameritech Corp v. McCann, E. Michael (ED Wis.) [11 pp.]

Before EASTERBROOK, KANNE, and EVANS, Circuit Judges.
EASTERBROOK, Circuit Judge. Now making its second appearance in this court, this suit presents questions about the meaning and constitutionality of 18 U.S.C. §2706, part of the Electronic Communications Privacy Act. This section requires any “governmental entity” that demands certain information from phone companies to pay for the expense of its provision. Michael McCann, the District Attorney for Milwaukee County in Wisconsin, has refused to comply with this statute. * * *

The judgment of the district court is vacated, and the case is remanded with instructions to issue a new declaratory judgment covering all of the points in this opinion. Given Wisconsin’s longstanding noncompliance with §2706, and its penchant for litigation, the declaratory judgment should provide that in the future the District Attorney must tender compensation as part of every request under Wis. Stat. §968.135 that Ameritech provide a terminating AMA report, and must agree to litigate the amount of compensation in state court if Ameritech deems the tender inadequate. Unless such an offer is made and included in the state court’s order, Ameritech need not provide the requested information. A provision of this kind will prevent the District Attorney from prolonging the guerilla warfare in which the state has been engaged for almost 20 years.

Jamal-Daoud, Loaae v. Gonzales, Alberto R. (Bd.Immigration Appeals) [14 pp.]

Before FLAUM, Chief Judge, and EASTERBROOK and WOOD, Circuit Judges.
FLAUM, Chief Judge. Petitioner Loaae Jamal-Daoud, a native and citizen of Iraq, petitions this Court for review of an order of the Board of Immigration Appeals (“BIA”) denying his requests for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”). For the reasons stated herein, we affirm the order of the BIA.

USA v. Deutsch, Francis T. (SD Ill.) [6 pp.]

Before BAUER, POSNER, and EVANS, Circuit Judges.
PER CURIAM. After Francis Deutsch violated the conditions of his seven concurrent terms of supervised release, the district court revoked each term and imposed a combination of concurrent and consecutive prison terms that totals 61 more months of confinement. Deutsch appeals, arguing that the district court had no authority to impose any of the new prison terms consecutively. We affirm.

Posted by Marcia Oddi on April 12, 2005 12:00 PM
Posted to Ind. (7th Cir.) Decisions