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| Clarise v. Gonzales, No. 04-60893 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 6, 2006, Filed
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Overview: Substantial evidence supported denial of asylum based on adverse credibility finding where an alien's testimony that her father was being sought by Cameroon government as a member of certain political group conflicted with an official document submitted by the alien, which stated that authorities were not actually seeking out members of the group.
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| Gomez v. Gonzales, No. 05-60048 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 6, 2006, Filed
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Overview: Finding that an alien was not entitled to asylum under 8 U.S.C.S. 1158 was based on substantial evidence because she failed to establish that she was a refugee entitled to relief where she failed to show that she could not go to Colombian authorities with death threats from terrorist group or that authorities were unable or unwilling to intervene.
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| United States v. Castaneda, No. 04-41415 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 6, 2006, Filed
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| United States v. Castaneda-Barrientos, No. 03-51087 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 6, 2006, Filed
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Overview: Defendant preserved Booker claim that sentence violated Sixth Amendment because it was based on factual finding that prior conviction for transporting illegal aliens was alien smuggling offense "for profit" where he referenced Apprendi and specifically stated he was challenging constitutionality of judicial factfinding regarding prior conviction.
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| United States v. Flores, No. 05-40304 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 6, 2006, Filed
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| United States v. Guzman-Reyes, No. 03-51155 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 6, 2006, Filed
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Overview: Sentence of 60 months was found proper under Booker because claims of entitlement to a safety valve under 18 U.S.C.S. § 3553(f) and USSG § 5C1.2(a) had been previously rejected and defendant failed to show that he would have received lesser sentence under advisory guidelines where he was subject to a 60-month statutory minimum for drug conspiracy.
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| United States v. Ifrah, No. 05-20122 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 6, 2006, Filed
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| United States v. Rodriguez, No. 03-21081 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 6, 2006, Filed
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Overview: Defendant had not demonstrated plain error where record did not evidence a reasonable likelihood that sentencing judge would have imposed a lesser sentence if judge had understood USSG to be advisory. District court's order, that BOP pay 75 percent of defendant's prison wages to the mother of his children, was not authorized by 21 U.S.C.S. § 841.
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