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   Federal Courts - 5th Circuit Court of Appeals - January 4, 2007

  
United States v. Gore, No. 05-41824 Summary Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 4, 2007, Filed
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Overview: Argument that guilty plea was not knowingly and intelligently made because neither factual basis nor Fed. R. Crim. P. 11 colloquy mentioned "ice" conspiracy failed; fact that methamphetamine involved was "ice" was not fact that increased statutory penalty for defendant's crime such that it, in effect, became essential "element" of offense charged.

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United States v. Julian, No. 05-51552 Summary Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 4, 2007, Filed
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Overview: COA was granted, as defendant made substantial showing, 28 U.S.C.S. § 2253(c)(2), of denial of constitutional right with regard to claim that district court erred in finding appeal-waiver provision barred claim that counsel was ineffective at sentencing. Prisoner specifically reserved right to challenge sentence based on ineffective assistance.

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United States v. Knezek, No. 05-41453 Summary Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 4, 2007, Filed
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United States v. Mauricio, No. 05-41617 Summary Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 4, 2007, Filed
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Overview: Above-Guidelines-range sentence was reasonable, as district court based its deviation from high end of advisory sentencing range on factors set forth in 18 U.S.C.S. § 3553(a), including, inter alia, nature and circumstances of offense, history and characteristics of defendant, and need for deterrence and to promote respect for law.

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United States v. Mitchell, No. 05-50219 Summary Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 4, 2007, Filed
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United States v. Neal, No. 05-20924, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 4, 2007, Filed
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Overview: Five-year sentence imposed upon defendant when his federal supervised release was revoked after he pled guilty to state charges of marijuana possession was reasonable, even though it was the maximum allowed under 18 U.S.C.S. § 3583(e)(3), because defendant had been using marijuana and had fled from the law.

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United States v. Salazar, No. 05-50951, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 4, 2007, Filed
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Overview: Defendant's conviction for violating 21 U.S.C.S. §§ 952, 960, and 841(a)(1) and the concurrent 30-month sentences on each count were affirmed because the evidence was sufficient to establish the requisite knowledge that he was importing or possessing drugs, and he was not entitled to a partial acquittal regarding drugs found in two ice chests.

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United States v. Young, No. 04-20897 Summary Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 4, 2007, Filed
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Villareal v. Duke Energy Corp., No. 06-20147 Summary Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 4, 2007, Filed
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