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| Jackson v. Johnson, No. 04-10419,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 3, 2007, Filed
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Overview: A Texas a halfway house mandatory supervisee was denied leave to proceed in forma pauperis on appeal because he was a "prisoner" under 28 U.S.C.S. § 1915(h), as his halfway house confinement was due to his criminal violation, and the case was dismissed under § 1915(g).
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| Lyndon Prop. Ins. Co. v. Duke Levy & Assocs. LLC, No. 05-60898,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 3, 2007, Filed
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Overview: Surety could pursue equitable subrogation claim against engineering company to recover losses that surety sustained in ensuring completion of contractor's work on project for sewer district and in fixing some of that work; that the district did not ultimately suffer a loss, due to surety's payment for completion of the project, was inconsequential.
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| Ntumba-Kadiombo v. Gonzales, No. 05-60995 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 3, 2007, Filed
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| Pardieu v. Barnhart, No. 06-50871 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 3, 2007, Filed
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| United States v. Adair, No. 06-30320 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 3, 2007, Filed
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| United States v. Coleman, 06-30197,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 3, 2007, Filed
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Overview: A federal district court abused its discretion in sentencing defendant, convicted of possession of a firearm by a convicted felon, to 120 months in prison, a 54 percent upward departure from the high-end USSG range, without articulating its reasons in writing, as required by USSG § 4A1.3, in order to permit meaningful appellate review.
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| United States v. Estrada-Mendoza, No. 05-41627,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 3, 2007, Filed
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Overview: Defendant's sentence for violating 8 U.S.C.S. § 1326(a) and (b)(2) was vacated, and the case was remanded since the jurisprudence of the Hinojosa-Lopez decision, used by the district court in overruling defendant's objection to an eight-level increase for a possession of a controlled substance offense, was rejected in the Lopez decision.
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| United States v. Griffin, No. 06-10129 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 3, 2007, Filed
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| United States v. Hernandez-Zuniga, No. 06-41163,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 3, 2007, Filed
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Overview: A defendant's sentence of supervised release following a seven month prison term was vacated and remanded since, without mentioning any form of home detention during sentencing, the district court orally imposed electronic monitoring as a special condition of supervised release. The written judgment had to conform to the oral judgment.
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