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| United States v. Hishaw, No. 05-6151,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, May 22, 2006, Filed
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Overview: Defendant's request for a certificate of appealability under 28 U.S.C.S. § 2253(c)(2) was denied because he filed his motion to vacate, set aside, or correct his sentence more than two years after his conviction became final, his Apprendi argument was rejected on appeal, and Blakely did not apply retroactively.
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| United States v. Rosales-Trujillo, No. 05-2145,
UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT, May 22, 2006, Decided
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Overview: Where defendant pled guilty to illegal re-entry after deportation subsequent to an aggravated felony conviction in violation of 8 U.S.C.S. § 1326, defendant's 77-month sentence was reasonable because, inter alia, he was deported several times after a second degree robbery conviction and the district court considered the 18 U.S.C.S. § 3553 factors.
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