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| United States v. Okoro, No. 05-20746,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 16, 2007, Filed
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Overview: Where the transcript showed the district court noted that defendant continued to bill Medicare and insurance companies for patients he falsely claimed to have treated in Houston while he was actually in Nigeria, defendant's history and characteristics were considered under 18 U.S.C.S. § 3553(a)(1) and the sentence was affirmed as reasonable.
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| United States v. Rajwani, No. 05-10648,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 16, 2007, Filed
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Overview: A federal district court erred by giving a defendant convicted of fraudulently inducing elderly victims to wire money to her bank accounts a sentence three times the length of the recommended USSG sentence; the upward departure was unreasonable because it applied same factors already applied under a USSG § 3A1.1(b)(1) vulnerable victim enhancement.
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| United States v. Ruiz, No. 05-11051,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 16, 2007, Filed
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Overview: Defendant's conviction for violating 18 U.S.C.S. § 242 was affirmed as the evidence was sufficient to support the conviction, and the district court did not abuse its discretion by failing to instruct the jury that the victim's injuries had to have been caused directly and only from defendant's actions and that they had to be more than de minimis.
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| Ward v. Wilson, No. 05-60054 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 16, 2007, Filed
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Overview: A district court's denial of a state inmate's 28 U.S.C.S. § 2254 habeas corpus petition was affirmed because, since the inmate failed to show ineffective assistance of counsel, he could not show that the state appellate court's resolution of his two claims was based on an unreasonable application of clearly established federal law.
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