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| Zheng v. United States AG, No. 05-13361 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 21, 2006, Decided , March 21, 2006, Filed
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Overview: Although many of the reasons given by the IJ for his disbelief that the alien was a true practitioner of Falun Gong were specific and cogent, none of them was based on the Falun Gong materials in the record or supported thereby. As the court's review was limited to that record, it was compelled to reverse the adverse credibility determination.
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| Aponte v. United States AG, No. 05-14754 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 21, 2006, Decided , March 21, 2006, Filed
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Overview: A petition for review was denied because two aliens failed to show that they were eligible for asylum. Since they did not qualify for asylum, the application for withholding of removal also failed.
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| Otto v. Comm'r of Soc. Sec., No. 05-13983 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 21, 2006, Decided , March 21, 2006, Filed
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Overview: Plaintiff had to show he was disabled before March 31, 1993, when his disability insurance coverage ended, but the only medical evidence he produced from the period before March 31, 1993, related to his lung cancer and the removal of his lung. He produced no evidence to show he had been diagnosed with either dyspnea or kyphosis before March 1993.
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| Rua-Cano v. United States AG, No. 05-14887 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 21, 2006, Decided , March 21, 2006, Filed
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Overview: Because aliens did not file petition challenging BIA's initial order until more than 30 days after order, petition was not timely, and court lacked jurisdiction to review order, 8 U.S.C.S. § 1252(b)(1). Court had jurisdiction to review other order, but aliens abandoned any claims they had regarding that order by failing to raise argument in brief.
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| United States v. Cekosky, No. 05-12286 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 21, 2006, Decided , March 21, 2006, Filed
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Overview: Defendant's sentence was properly enhanced, pursuant to U.S. Sentencing Guidelines Manual § 2T1.1(b)(1), for failing to correctly identify the source of more than $ 10,000 because the interest income he earned on bank accounts opened under stolen identities derived from criminal activity in violation of 18 U.S.C.S. § 1028(a)(7), (b)
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| United States v. Desgouttes, No. 05-14661 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 21, 2006, Decided , March 21, 2006, Filed
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Overview: A district court did not err by enhancing defendant's sentence based on a prior felony conviction because the fact of the prior conviction did not need to be alleged in the indictment or proven to a jury and defendant admitted that he had a prior felony conviction and did not dispute the presentence investigation report listing the conviction.
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| United States v. Perez, No. 05-12404 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 21, 2006, Decided , March 21, 2006, Filed
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Overview: Defendant's two-year old conviction for smuggling aliens was admissible under Fed. R. Evid. 404(b) at his trial for violating 8 U.S.C.S. § 1324(a)(2)(B)(iii) to show that defendant, who said that he did not know aliens' immigration status when he allegedly rescued them from another vessel, knew that aliens did not have authorization to enter U.S.
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| United States v. Perlaza, No. 05-13303 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 21, 2006, Decided , March 21, 2006, Filed
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Overview: Defendant's sentences were affirmed because the district court did not commit Booker error, and the district court did not err in denying his request for a U.S. Sentencing Guidelines Manual § 3B1.2 minor role reduction.
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| United States v. Woodall, No. 05-13836 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 21, 2006, Decided , March 21, 2006, Filed
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Overview: District court did not abuse its discretion by granting U.S.'s motion in limine where evidence defendant sought to introduce was not relevant to the charges lodged against him and had the potential to confuse the jury. District court's jury instructions accurately stated the requirements of 18 U.S.C.S. § 666. Defendant's convictions were affirmed.
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