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   Federal Courts - 5th Circuit Court of Appeals - January 9, 2007

  
United States v. Gleen, No. 05-40207 Summary Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 9, 2007, Filed
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United States v. Guerra-Mesta, No. 06-40060 Summary Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 9, 2007, Filed
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Overview: Defendant's 36-month sentence for violating 8 U.S.C.S. § 1324 was affirmed since the district court did not err in imposing a U.S. Sentencing Guidelines Manual § 3C1.1 enhancement, and defendant did not show any extraordinary circumstances that he should have received a U.S. Sentencing Guidelines Manual § 3E1.1 adjustment despite the enhancement.

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United States v. Ramos, No. 05-41125 Summary Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 9, 2007, Filed
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Overview: A district court's denial of a motion to suppress was affirmed as the facts and circumstances within the collective knowledge of the U.S. Border Patrol agents at the time of the arrest were sufficient for a reasonable person to conclude that defendant had committed the offense of illegally transporting aliens, in violation of 8 U.S.C.S. § 1324.

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United States v. Saenz, No. 06-40880, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 9, 2007, Filed
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United States v. Sauceda-Mendoza, No. 06-40260 Summary Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 9, 2007, Filed
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Overview: Defendant's 40-month sentence for violating 8 U.S.C.S. § 1324 was affirmed since, even though the danger to the aliens was addressed by a sentencing enhancement for reckless endangerment under the USSG, the district court plainly found that the danger involved in transporting the aliens in a rooftop luggage carrier was particularly egregious.

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United States v. Stewart, No. 06-10229 Summary Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 9, 2007, Filed
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Overview: Defendant's sentence for violating 18 U.S.C.S. § 1014 was affirmed because the same conduct that formed the basis for the more than minimal planning adjustment pursuant to U.S. Sentencing Guidelines Manual § 2F1.1(b)(2)(A) did not form the basis for the sophisticated means enhancement pursuant to U.S. Sentencing Guidelines Manual § 2F1.1(b)(6)(C).

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