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| Cuartas v. United States AG, No. 04-13048 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 24, 2006, Decided , March 24, 2006, Filed
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Overview: Substantial evidence supported IJ's finding that aliens did not demonstrate past persecution or well-founded fear of future persecution. Individual's testimony established only that he suffered harassment from Revolutionary Armed Forces of Colombia, but not to degree sufficient to constitute persecution or based on a statutorily protected ground.
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| Passe v. United States AG, No. 05-13198 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 24, 2006, Decided , March 24, 2006, Filed
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Overview: Because an alien only offered the speculative possibility that, at some point in the future, a second visa application might be approved and he might receive adjustment of status, the alien failed to show good cause for a continuance, and, thus, the decision not to exercise discretion in granting a continuance was not arbitrary or capricious.
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| United States v. Arneson, No. 04-14561,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 24, 2006, Decided , March 24, 2006, Filed
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Overview: The denial of a motion to reduce sentence under 18 U.S.C.S. § 3582(c)(2) was affirmed because it was implicit in the district court's statement that it substituted an amended guideline range in place of the original guideline calculation and the district court also stated that it considered all the factors in 18 U.S.C.S. § 3553.
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| United States v. Harris, No. 05-10160,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 24, 2006, Decided , March 24, 2006, Filed
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Overview: District court failed to satisfy Fed. R. Crim. P. 32(c)(1)(A)(ii) by accepting recommendation and imposing 80-month sentence without finding that information in record allowed district court to meaningfully exercise authority under 18 U.S.C.S. § 3553 without PSI. However, defense counsel waived PSI, which invited any error that might have occurred.
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| United States v. Molina, No. 04-13114,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 24, 2006, Decided , March 24, 2006, Filed
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Overview: Judgment of acquittal in favor of defendant on drug trafficking conspiracy and possessing firearm in furtherance of drug trafficking crime charges was reversed; defendant's convictions were reinstated. Defendant was arrested in her bedroom, which contained, inter alia, drugs, firearm, and garbage bag containing bulk of nearly $ 300,000 seized.
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