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| United States v. De La Cruz, No. 04-15193,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 27, 2006, Decided , March 27, 2006, Filed
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Overview: Defendant's narcotics conviction was affirmed because a vessel on which defendant was seized in international waters was one without nationality that was subject to U.S. jurisdiction under 46 U.S.C.S. App. § 1903 where the vessel flew no flag, carried no registration paperwork, and bore no markings indicating its nationality.
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| United States v. Flores, No. 05-11625 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 27, 2006, Decided , March 27, 2006, Filed
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Overview: Defendant's sentence was affirmed as there was no Booker error in the court's imposition of the sentence since the court had explicitly stated that it had considered the factors in 18 U.S.C.S. § 3553(a) and that defendant's 292-month sentence was sufficient but not greater than necessary to comply with the statutory purposes of sentencing.
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| United States v. Garrett, No. 05-12782 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 27, 2006, Decided , March 27, 2006, Filed
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Overview: Defendant had the specific intent to cause death or serious bodily harm of the victim under 18 U.S.C.S. § 2119 where the victim testified that defendant approached him while he was seated in the driver's seat of his vehicle, threatened to rob and shoot him, and fired a shot into the vehicle.
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| United States v. Lee, No. 05-12677 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 27, 2006, Decided , March 27, 2006, Filed
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Overview: District court properly admitted evidence under Fed. R. Evid. 404(b) of defendant's prior arrest and convictions because since defendant's prior arrest and convictions involved the same offense as in the instant case, the evidence of his prior arrest and convictions were highly probative of his intent to commit the crimes in the instant case.
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| United States v. Paz-Barona, No. 05-11182 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 27, 2006, Decided
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Overview: District court properly refused a defendant's request for application of the safety-valve provision, U.S.S.G. § 5C1.2, because the defendant failed to provide any information concerning the individuals who recruited her participation in a drug smuggling venture, nor did the defendant explicitly state that she did not have any such information.
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| United States v. Thompson, No. 04-14722 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 27, 2006, Decided
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Overview: Government had not met its burden of showing that the Sixth Amendment Booker error was harmless because the appellate court did not know what the sentencing court would have done had it understood the guidelines to be advisory rather than mandatory and had properly considered the factors in 18 U.S.C.S. § 3553(a).
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| United States v. Tien Quyet Luong, No. 05-12188 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 27, 2006, Decided , March 27, 2006, Filed
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Overview: Defendant's conviction for bank fraud was upheld because the district court did not abuse its discretion by denying his motion to withdraw his plea, it did not err in its calculation of his sentence under, inter alia, U.S. Sentencing Guidelines Manual §§ 2B1.1 and 3B1.1, and his sentence was reasonable under 18 U.S.C.S. § 3553(a).
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| United States v. Valentin, No. 05-13759 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 27, 2006, Decided , March 27, 2006, Filed
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| United States v. Winters, No. 05-10565 Non-Argument Calendar,
UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT, March 27, 2006, Decided
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Overview: Defendant's 188-month sentence for violating 21 U.S.C.S. § 841(a)(1) was affirmed because it was reasonable; the district court contemplated the 18 U.S.C.S. § 3553(a) factors required by the Booker case. That the district court did not elaborate on considerations other than deterrence did not change that result.
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