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| United States v. Smith, No. 05-2214,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, March 3, 2006, Decided
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Overview: Court calculated appropriate guidelines range, gave consideration to applicable 18 U.S.C.S. § 3553(a) factors, and decided not to impose non-guidelines sentence. Failure explicitly to remark on sufficiency of lesser sentence did not indicate failure to give adequate consideration to factors or misunderstanding of advisory nature of guidelines.
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| You Hao Yang v. Bd. of Immigration Appeals, Docket No. 03-41198-ag,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, March 3, 2006, Decided
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Overview: Denial of petitioner's request for asylum, 8 U.S.C.S. § 1158, was vacated and remanded because none of the six reasons given by the IJ to support his adverse credibility finding were free of error so that the reviewing court of appeals could not properly assess the petitioner's credibility in light of the record as a whole.
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