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| Tech. Metallurgical Servs. v. Plumbers & Pipefitters Nat'l Pension Fund, No. 06-40321,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 5, 2007, Filed
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Overview: In a case brought under the Multiemployer Pension Plan Amendments Act of 1980, 29 U.S.C.S. § 1381 et seq., a district court's entry of summary judgment in favor of a pension fund was affirmed because, under the language of a CBA, a company completely withdrew from the fund on July 1, 2002 and owed the fund $ 125,336 in withdrawal liability.
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| Turner v. Cabana, No. 05-61062 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 5, 2007, Filed
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Overview: A pro se former state inmate's appeal of the dismissal of his § 1983 case was dismissed because the appeal was frivolous; the former inmate conceded that he knew of no way that the prison officials could have anticipated the attack on him by another inmate while they were in separate pens in the prison yard.
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| United States v. Castillo-Rios, No. 06-50355 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 5, 2007, Filed
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Overview: Sentence was affirmed, as sentence was entitled to presumption of reasonableness and defendant did not meet burden of showing substantial rights were affected. guideline range without two additional criminal history points would have been 57 to 71 months, and sentence of 70 months was still within guideline line range advocated by defendant.
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| United States v. Pineda-Jimenez, m 05-41771,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 5, 2007, Filed
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Overview: Convictions for conspiracy to harbor and transport illegal aliens for financial gain, 8 U.S.C.S. § 1324(a)(1)(A)(v)(I), were affirmed, as reasonable trier of fact, looking at all evidence, could have inferred that, beyond reasonable doubt, there was at least implicit agreement between defendants to transport illegal aliens for financial gain.
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| United States v. Ramos, No. 06-50303 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 5, 2007, Filed
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Overview: Petitioner serving two consecutive sentences was "in custody" for purposes of challenging second sentence via habeas petition while he was serving first sentence. Thus, district court did not err in concluding defendant's in-custody status made coram nobis unavailable to him.
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| United States v. Smith, No. 06-50199 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 5, 2007, Filed
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Overview: Defendant's sentence of 60 months in prison and concurrent 120 months in prison was affirmed since, inter alia, the district court adequately explained its reasons for varying from the USSG range of 41-50 months, the sentence did not take into consideration an improper or irrelevant factor, and it was reasonable under 18 U.S.C.S. § 3553(a).
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| United States v. Sosa-Ibarra, No. 05-40929 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 5, 2007, Filed
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Overview: Defendant's 24-month sentence for violating 8 U.S.C.S. § 1324(a)(1)(B) and 18 U.S.C.S. § 2 was affirmed as the non-USSG sentence reasonably reflected consideration of the 18 U.S.C.S. § 3553(a) factors, gave significant weight to relevant and proper factors, and showed a balancing of the sentencing factors that was not clearly erroneous.
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| United States v. Su Van Nguyen, No. 06-10108 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 5, 2007, Filed
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Overview: District court did not clearly err by applying U.S. Sentencing Guidelines Manual § 2D1.1(b)(1) enhancement, as evidence showed that defendant was engaged in jointly undertaken criminal activity, and the district court reasonably inferred that defendant should have foreseen his codefendant's possession of the firearm.
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| United States v. Torres, No. 05-30324; No. 05-30326,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 5, 2007, Filed
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Overview: Sufficient evidence was introduced to convict defendant of conspiracy to possess with intent to distribute 50 grams of methamphetamine and 500 grams of a substance containing methamphetamine under 21 U.S.C.S. §§ 841(a)(1), 846; the amount of drugs and paraphernalia he carried when arrested indicated that he was more than just a recreational user.
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