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| Adams v. Groesbeck Indep. Sch. Dist., No. 05-50362,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 9, 2007, Filed
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Overview: Judgment in favor of former employee in Title VII retaliation suit against school district was reversed; employee failed to show that he was subjected to adverse employment action where district did not rehire him to fill vacant position, as district, without knowledge that employee had submitted application, had decided to leave position unfilled.
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| Boliver v. AT&T, No. 06-60374 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 9, 2007, Filed
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Overview: District court did not err in applying abuse of discretion standard to employee's claim for disability pension benefits under ERISA plan, as there was no evidence of conflict of interest. Employer did not abuse its discretion in denying benefits where employee failed to show that she met plan's requirement concerning receipt of disability benefits.
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| Cidale v. United States, No. 05-51372,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 9, 2007, Filed
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Overview: A district court's entry of summary judgment in favor of the United States in a case to recover income taxes erroneously assessed was affirmed since the district court properly determined that the taxpayers owed taxes on the stock options on the date the options were exercised, not the date on which the taxpayer repaid a margin loan.
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| Ross v. Houston Cmty. College Sys., No. 06-20683 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 9, 2007, Filed
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| Shabudin v. Gonzales, No. 05-60856 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 9, 2007, Filed
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Overview: An alien's petition for review was denied because substantial evidence supported an IJ's adverse credibility determination since there were multiple inconsistencies in the alien's testimony and written statements, many of which concerned matters central to his claim of past persecution.
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| Solomon v. Quarterman, No. 05-40640 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 9, 2007, Filed
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| United States v. Acosta, 05-51691,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 9, 2007, Filed
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Overview: Because a co-defendant admitted making his safety valve statement to the officer, and defendant's cross-examination implied the co-defendant's reluctance to testify was for fear of perjury, the door was opened for the officer's testimony about the statement in rebuttal; the conviction was affirmed as there was no Confrontation Clause violation.
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| United States v. Bustamante-Castillo, No. 05-41767 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 9, 2007, Filed
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Overview: Defendant's 32-month sentence for violating 8 U.S.C.S. § 1326 was vacated, and the case was remanded as the district court's assignment of the three criminal history points to his 1996 marijuana possession conviction, which carried a 12-month sentence, was plainly contrary to the provisions of U.S. Sentencing Guidelines Manual § 4A1.1(a) and (b).
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| United States v. Cortez, No. 06-51258,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 9, 2007, Filed
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