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| Ray v. Barnhart, No. 05-50163 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 17, 2006, Filed
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Overview: Substantial evidence supported a decision to deny Social Security disability benefits where the ALJ properly reviewed the claimant's complaints in light of conflicting medical evidence and discussed the depressive disorder that impaired his ability to concentrate before concluding that he retained the capacity to perform light and sedentary work.
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| United States v. Barnes, No. 05-40165 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 17, 2006, Filed
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Overview: Defendant's sentence was vacated and remanded where, because district court erred in sentencing defendant pursuant to a mandatory USSG scheme, he met first two requirements for relief under plain error review, and he could have satisfied third prong by showing that district court most likely would have imposed lower sentence under advisory scheme.
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| United States v. Dorise, No. 04-41472 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 17, 2006, Filed
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| United States v. Gonzales, No. 04-20131,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 17, 2006, Filed
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Overview: District court did not err in overruling defendant's motion to dismiss one count of indictment, concerning his deliberate indifference to victim's serious medical needs, for failing to state an offense, because the indictment, as a whole, met the minimum constitutional standards; it included every statutory element of a 18 U.S.C.S. § 242 violation.
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| United States v. Lopez-Garcia, No. 05-40061 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 17, 2006, Filed
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Overview: Defendant's prior conviction was for a crime of violence under USSG § 2L1.2 where defendant's charging instrument alleged sexual intercourse with a minor who was not defendant's spouse and who was more than three years younger than defendant, and such an offense was statutory rape and also met the commonsense definition of sexual abuse of a minor.
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| Warfield v. Byron, No. 04-10796, No. 04-11041,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 17, 2006, Filed
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Overview: A receiver was entitled to summary judgment against two investors under the Uniform Fraudulent Transfer Act because, under Wash. Rev. Code § 19.40.041(a)(1), the receiver's proof that entities operated as a Ponzi scheme established the fraudulent intent behind transfers to the investors, and reasonably equivalent value was not exchanged.
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| United States v. Wilson, No. 05-20013 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 18, 2006, Filed
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Overview: Court sentenced defendant to top of guidelines range, but that factor was not conclusive to show error was harmless, Fed. R. Crim. P. 52(a). Although court found sentence to be appropriate to meet objectives of punishment and deterrence, record contained no other indication by court that it would have imposed same sentence absent Booker error.
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