2nd Circuit Court of Appeals, March 13, 2006, Case law by lexisONE(R)

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Federal Courts - 2nd Circuit Court of Appeals - March 13, 2006

United States v. Rivera, No. 05-4978-cr, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, March 13, 2006, Decided
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Overview: Defendant's sentence for conspiring to distribute five grams or more of cocaine base was affirmed because the district court did not err in declining to treat the so-called "safety valve" provision of 18 U.S.C.S. § 3553(f)(1) as advisory in light of the United States Supreme Court's decision in Booker.

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Yan Ling Lin v. Gonzales, 04-4477-ag, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, March 13, 2006, Decided
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Overview: IJ did not err in concluding alien did not establish eligibility for CAT relief. Testimony regarding neighbor's torture was internally inconsistent and inconsistent with letter submitted in support of application; background material on country conditions did not establish it was more likely than not that alien would be tortured upon return.

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