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| Castillo v. City of Weslaco, No. 05-40037,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 12, 2006, Filed
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Overview: Denial of summary judgment on qualified immunity grounds was affirmed, where police officers demonstrated right to participate in union activities was clearly established, and issues of fact were presented regarding whether officers suffered adverse personnel action at hands of city and others because of association with and advocacy for union.
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| Estraude v. United States Dep't of Agric., No. 05-30159 (Summary Calendar),
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 12, 2006, Filed
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Overview: Summary judgment in favor of the employer was affirmed in a discrimination case under Title VII, because the employee could not rebut the presumption that the employer's decision not to promote the employee was based on the employee's low score as determined by a panel based on questions submitted to all applicants.
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| Hernandez-Castillo v. Moore, No. 05-50543 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 12, 2006, Decided
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Overview: 8 U.S.C.S. § 1182(c) (repealed) could be applied to an alien's challenge to an order or removal because he had been convicted of a removable offense following a jury trial rather than through a guilty plea; applying the repeal of § 1182(c) to the alien did not create an impermissible retroactive effect because he had gone to trial.
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| Knight v. Dretke, No. 04-70022,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 12, 2006, Filed
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Overview: Pursuant to 28 U.S.C.S. § 2253, the court issued a COA on three of the issues that the death row inmate raised in his habeas proceeding, because upon a threshold inquiry by the court, the court determined that the three issues were adequate to deserve encouragement from the court to proceed further.
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| Ramirez-Molina v. Ziglar, No. 03-50596,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 12, 2006, Filed
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Overview: Where an alien conceded removability and waived appeal in prior proceedings, he could not show a gross miscarriage of justice in those proceedings and there was no jurisdiction to hear a collateral attack on a reinstatement of removal under 8 U.S.C.S. § 1231(a)(5) based on a later ruling that a prior conviction was not for an aggravated felony.
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| United States v. Arizaga-Acosta, No. 04-20492,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 12, 2006, Filed
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Overview: Defendant's enhanced sentence was vacated because his prior conviction for possession of a listed chemical with intent to manufacture a controlled substance did not qualify as a "drug-trafficking offense" for purposes of enhancing the sentence under U.S. Sentencing Guidelines Manual § 2L1.2.
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| United States v. Cifuentes-Caycedo, No. 04-40245,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 12, 2006, Filed
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Overview: Upon remand from the United States Supreme Court, for analysis of the sentence after Booker, the court determined that defendant had not demonstrated plain error when the sentence was imposed under a mandatory Guidelines scheme because defendant had not shown that the outcome would have been different under an advisory Guidelines analysis.
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| United States v. Garcia-Rodriguez, No. 05-50646,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 12, 2006, Filed
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| United States v. Wilson, No. 04-10705 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 12, 2006, Filed
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Overview: Defendant's conviction for mail fraud under 18 U.S.C.S. § 1341 was affirmed because evidence was sufficient to convict defendant when defendant used the mails to pay a credit card bill in order to conceal his illicit purchases. Matter needed to be remanded for resentencing in light of Booker.
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