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   Federal Courts - 5th Circuit Court of Appeals - January 9, 2006

  
Adiemereonwu v. Gonzales, No. 05-10079 Summary Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 9, 2006, Filed
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Overview: Alien argued he was not removable but conceded agency proceedings case were ongoing; further, neither he nor government made showing that Bureau of Immigration and Customs Enforcement had issued order of removal. Thus, alien had not exhausted administrative remedies, 8 U.S.C.S. § 1252(d)(1), serving as bar to court's consideration of issue.

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Danial v. Daniels, No. 05-10846 Summary Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 9, 2006, Filed
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Overview: Diversity jurisdiction was lacking in brother's suit to recover from sister a balance of $ 6,500 owed on debt of $ 76,125. Amount in controversy requirement of 28 U.S.C.S. § 1332(a) was not met, as state law specifically excluded constructive and resulting trusts, and thus, $ 76,125 could not be considered for purposes of amount in controversy.

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Dawson v. Barnhart, No. 04-31121 Summary Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 9, 2006, Filed
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Overview: Substantial evidence supported Social Security Commissioner's decision that claimant was not disabled on or before December 31, 2000, when he was last eligible for disability insurance benefits, 42 U.S.C.S. § 405(g). Medical records on which claimant relied showed only that he sought treatment for groin abscess in October 1998 and in June 1999.

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Estrada v. Dretke, No. 05-10012 Summary Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 9, 2006, Filed
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Overview: Court denied inmate's request for certificate of appealability under 28 U.S.C.S. § 2253(c) for district court decision denying motion to vacate judgment in 28 U.S.C.S. § 2254 proceeding because inmate failed to show, by clear and convincing evidence, that state director against whom habeas proceeding was filed perpetrated fraud on district court.

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Fuller v. Dretke, No. 05-70004, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 9, 2006, Filed
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Overview: Where the prosecution struck several jurors due to their opposition to the death penalty and one was struck for his belief that youthful offenders could not grasp the effect of their conduct, reasons that were supported by the potential juror's answers during voir dire, a habeas petitioner's Fourteenth Amendment Batson challenge failed.

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Garber Indus. v. Comm'r, No. 05-60142, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 9, 2006, Filed
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Overview: Sale of taxpayer stock between two shareholder brothers, when no parent or grandparent was a shareholder, was properly considered to be an ownership change limiting deductibility of net operating losses under 26 U.S.C.S. § 382 because stock could not be aggregated or attributed where siblings were not included in family list of 26 U.S.C.S. § 318.

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Sewani v. Gonzales, No. 05-60261 (Summary Calendar), UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 9, 2006, Filed
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Overview: Form recording information offered at National Security Entry/Exit Registration Statute interview was properly allowed in deportation proceeding because Miranda warnings were not required in civil deportation case where Sixth Amendment safeguards were not applicable and alien failed to show requisite improper action for Fifth Amendment violation.

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United States v. Alonzo, No. 05-20130, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 9, 2006, Filed
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Overview: District court properly considered defendant's relevant conduct under USSG § 1B1.3 in determining his sentencing range for his drug aiding and abetting plea and the court explicitly stated that it had considered the USSG and the factors of 18 U.S.C.S. § 3553(a). Defendant failed to demonstrate that sentence at lowest end of range was unreasonable.

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United States v. Green, No. 04-10968 Summary Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 9, 2006, Filed
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Overview: Although 18-month sentence imposed on defendant after revocation of probation was more than sentence that defendant received upon conviction, it did not violate Sixth Amendment or Booker holding because sentencing policy statements for revocation were advisory only and sentence was within statutory maximum of 20 years for the offense of conviction.

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United States v. Siverand, No. 04-41668 Summary Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 9, 2006, Filed
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