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| Alvarez v. United States, No. 05-11245 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 15, 2006, Decided , February 15, 2006, Filed
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Overview: Where remand to district court was for limited purpose of imposing concurrent 120-month sentences, but district court obviously violated that mandate when it revisited defendant's eligibility for safety-valve reduction, instant court once again remanded case for limited purpose of allowing district court to impose concurrent 120-month sentences.
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| This That & the Other Gift & Tobacco, Inc. v. Cobb County, No. 04-16419,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 15, 2006, Decided , February 15, 2006, Filed
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Overview: Where a prior appellate panel decided that O.C.G.A. § 16-12-80 banned all advertising of the sexual devices in issue and violated plaintiffs' First Amendment rights, the district court on remand violated the law-of-the-case doctrine because it revisited the issue of whether the statute violated plaintiffs' First Amendment rights.
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| United States v. Beeks, No. 05-12946 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 15, 2006, Decided , February 15, 2006, Filed
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Overview: District court properly denied motion to dismiss indictment charging defendant with identity theft and credit card fraud; although plea agreement on bank fraud charge stated that defendant would not be charged with other offenses related to that fraud, identity theft and credit card fraud were separate offenses arising from a different scheme.
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| United States v. Benton, No. 05-13024 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 15, 2006, Decided , February 15, 2006, Filed
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Overview: Sentence was affirmed. Sentencing court did not clearly err by calculating drug quantity attributable to defendant, U.S. Sentencing Guidelines Manual § 2D1.1; court found co-conspirator's testimony that he could produce 200 grams of methamphetamine from each gallon of anhydrous ammonia was unreliable because he did not account for botched batches.
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| United States v. Ciarrochi, No. 04-15172,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 15, 2006, Decided , February 15, 2006, Filed
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Overview: Where evidence against defendant was overwhelming, the court found that the evidence was sufficient to convict defendant of conspiring to possess, obtain, and transfer, through fraud and other mean, Employment Authorization Documents (EAD) issued by the Immigration and Naturalization Service and for knowingly possession and transferring EAD cards.
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| United States v. Kerns, No. 05-10127 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 15, 2006, Decided , February 15, 2006, Filed
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Overview: Defendant's sentence was vacated and remanded because the district court committed both statutory and constitutional Booker error, and the government could not meet its burden to show it was clear beyond a reasonable doubt that the Sixth Amendment error complained of did not contribute to the sentence obtained.
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| United States v. Medina, No. 04-16037 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 15, 2006, Decided , February 15, 2006, Filed
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Overview: Conviction for willfully and knowingly using an altered passport, in violation of 18 U.S.C.S. § 1543, to gain entry into the United States at an airport was affirmed because the district court did not err in its evidentiary rulings, the prosecution's remarks during the trial were not misconduct, and sufficient evidence supported the conviction.
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| United States v. Soto, No. 05-12577 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, February 15, 2006, Decided , February 15, 2006, Filed
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Overview: The correct application of the sentencing guidelines prevented a district court from giving defendant the benefit of a safety-valve reduction under 18 U.S.C.S. § 3553(f)(1) and U.S. Sentencing Guidelines Manual § 5C1.2 because he was assessed two criminal history points for the commission of the drug conspiracy while serving a term of probation.
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