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   Federal Courts - 5th Circuit Court of Appeals - January 8, 2007

  
Falek v. Gonzales, No. 05-60624, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 8, 2007, Filed
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Overview: An alien who had lived in United States as a lawful permanent resident for 30 years was ordered deported under 8 U.S.C.S. § 1101(a)(13) when he sought readmission after a business trip abroad because he had been convicted of a crime of moral turpitude years before; his nonconstitutional IIRIRA claim was dismissed for lack of appellate jurisdiction.

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Gad v. Healthsouth Corp., Nos. 06-30611, 06-30905 Summary Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 8, 2007, Filed
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Green v. Quarterman, No. 04-20931, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 8, 2007, Filed
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Overview: Under AEDPA, federal habeas corpus petitioner was properly denied relief on appeal of claim that a state court violated clearly established federal law by failing to find that jurors who convicted him of burglary suffered from actual or implied bias, as six jurors who stated they or their relatives had been crime victims averred they could be fair.

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Guerrero v. Potter, No. 06-20352 Summary Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 8, 2007, Filed
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Kubow v. Hartford Cas. Ins. Co., No. 05-61039, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 8, 2007, Filed
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Overview: Where insurance policy expired three days before a fire destroyed a store owner's business, insurer was not liable under the policy; an agent, who told owner that his account was current three months before policy expired, did not rescind non-renewal notice, as agent merely stated that the owner's account was current and said nothing about renewal.

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Mosquera v. Gonzales, No. 06-60085 Summary Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 8, 2007, Filed
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Torrico-Sanchez v. Gonzales, No. 05-61100 Summary Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 8, 2007, Filed
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Overview: A petition for review was dismissed as to an alien's due process claim because it was merely a challenge to the DHS's particular discretionary decision to place her in expedited removal proceedings because the appellate court lacked jurisdiction to consider; the alien had conceded that she was removable as an aggravated felon.

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United States v. Alvarez-Anima, No. 06-50833 Summary Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 8, 2007, Filed
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United States v. Barth, No. 06-50288 Summary Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 8, 2007, Filed
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United States v. Campos, No. 06-50171 Summary Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 8, 2007, Filed
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Overview: Defendant's sentence for two controlled substance offenses was affirmed since the district court did not plainly err in enhancing defendant's sentence under U.S. Sentencing Guidelines Manual § 4B1.1, and his argument that he did not receive U.S. Sentencing Guidelines Manual § 3E1.1 credit for acceptance of responsibility was belied by the record.

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