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

  
United States v. Cortez-Geronimo, No. 06-50956, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 8, 2007, Filed
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United States v. Deshotel, No. 06-40473 Summary Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 8, 2007, Filed
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Overview: Defendant's 57-month sentence for possession of a firearm by a convicted felon was affirmed as the district court properly addressed the 18 U.S.C.S. § 3553(a) factors and, even if the district court erred by failing to provide adequate notice that it might deviate from the USSG, he failed to show that the error affected his substantial rights.

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United States v. Harris, No. 06-20145 Summary Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 8, 2007, Filed
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Overview: Defendant's 57-month sentence for violating 26 U.S.C.S. § 7206(2) was affirmed because the amount of tax loss for purposes of the USSG did not have to be proven beyond a reasonable doubt, the district court did not err in calculating the tax loss, and defendant did not show clear error with respect to an enhancement for obstruction of justice.

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United States v. Juarez-Perez, No. 05-41589 Summary Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 8, 2007, Filed
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Overview: Defendant's conviction was affirmed since, while it was assumed that the district court accepted the government's version of events as more credible, the record indicated that defendant had not raised the issue whether he voluntarily waived his right to counsel in the district court. The issue had been waived.

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United States v. Sherman, No. 05-10731 Summary Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 8, 2007, Filed
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Overview: Defendant's 24-month sentence following revocation of his supervised release was affirmed because, while the sentence was in excess of the recommended range, the sentence was within the statutory maximum sentence that the district court could have imposed, and the district court considered the relevant sentencing factors.

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United States v. Woy, No. 05-11289 Summary Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 8, 2007, Filed
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Overview: Defendant's guilty plea conviction and 32-month sentence for violating 15 U.S.C.S. §§ 77q(a) and 77x were affirmed since the district court did not abuse its discretion in denying his motion to withdraw his guilty plea because, inter alia, the government's opposition to a leadership enhancement fulfilled its obligation under the plea agreement.

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Watts v. Sch. Bd., No. 05-31156 Summary Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 8, 2007, Filed
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