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| Chun v. Gonzales, No. 04-60904 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 4, 2006, Filed
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Overview: Alien's motion to remand was unaccompanied by an adjustment of status application with the type of supporting evidence of his good faith marriage outlined in 8 C.F.R. § 204.2(a)(1)(iii)(B). Because evidence was insufficient to establish a prima facie case that his marriage was entered in good faith, BIA properly denied the alien's motion to remand.
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| Hameed Hussein Ali v. Gonzales, No. 04-60667 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 4, 2006, Filed
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Overview: Notice did not violate 8 C.F.R. § 239.1 and denial of request to terminate removal proceeding was proper, where notice was not signed directly by listed officer; INS's interpretation of regulation, providing for special agent to initially sign so long as he later obtained approval from authorized official, comported with regulation language.
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| Hughes v. Dretke, No. 04-70022,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 4, 2006, Filed
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Overview: Under 28 U.S.C.S. § 2253(c)(1)(A), death-row inmate was entitled to certificate of appealability on issue of whether a prosecutor violated his rights under Fourteenth Amendment by criticizing defense counsel for cross-examining a government witness, because this claim presented issues that were adequate to deserve encouragement to proceed further.
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| Major v. Williams, 05-30280,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 4, 2006, Filed
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| United States v. Bowens, No. 01-60490 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 4, 2006, Filed
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Overview: As defendant preserved his Booker claim, harmless error review applied; the government failed to prove the Booker error was harmless beyond a reasonable doubt because it could not point to anything in the record suggesting that the trial court would have imposed the same sentence absent mandatory U.S. Sentencing Guidelines.
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| United States v. Helton, No. 04-40225,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 4, 2006, Filed
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| United States v. Jones, 04-21014,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 4, 2006, Filed
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Overview: Government established beyond a reasonable doubt that any Booker error did not contribute to defendant's sentence, Fed. R. Crim. P. 52(a). That the district court departed to the statutory maximum supported the conclusion that it would have imposed the same sentence under an advisory scheme.
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| United States v. Sierra-Garcia, No. 05-40335,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 4, 2006, Filed
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Overview: Defendant's appeal challenging supervised release condition under 18 U.S.C.S. § 3583(d), requiring him to cooperate in collection of DNA sample, was dismissed for lack of jurisdiction because imposition of DNA sample collection was not part of defendant's sentence; it was a prison condition that had to be challenged through a separate civil action.
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