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   Federal Courts - 5th Circuit Court of Appeals - January 19, 2006

  
Gul v. Rozos, No. 05-30327 Summary Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 19, 2006, Filed
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Overview: Case remanded to determine whether, per Zadvydas, there was no significant likelihood of removal in reasonably foreseeable future given current state of petitioner's case. Although petitioner had hampered his removal by claiming he knew whereabouts of Osama Bin Laden, government did not claim that petitioner had continued to hinder removal efforts.

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Holmes v. Atl. Sounding Co., No. 04-30732, Cons. No. 04-30750, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 19, 2006, Filed
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Overview: The district court erred in holding that a floating dormitory barge on which a worker was injured was not a vessel for Jones Act, 46 U.S.C.S. app. § 688, purposes because the barge was practically capable of maritime transportation, even though it was incapable of self-propulsion and had never transported personnel, equipment, passengers, or cargo.

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United States v. Brown, No. 04-31237, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 19, 2006, Filed
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Overview: Defendant's prior Louisiana conviction for simple robbery under La. Rev. Stat. Ann. § 14:65 (1996) qualified as a violent felony for purposes of 18 U.S.C.S. § 924(e) of the Armed Career Criminal Act and thus, a sentence enhancement was affirmed; La. Rev. Stat. Ann. § 14:2(13) specifically included the crime of simple robbery as a crime of violence.

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United States v. Canizalez-Rivera, No. 05-40050 Summary Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 19, 2006, Filed
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United States v. Lozano-Mireles, No. 05-40024 Summary Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 19, 2006, Filed
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Overview: Appellate court vacated defendant's sentence. He was sentenced at the bottom end of the guidelines range, and district court provided no commentary regarding the sentence that it imposed; record provided no indication, and the government had not shown, that district court would have sentenced him differently under an advisory guidelines system.

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United States v. Suarez-Olayo, No. 05-50114 Summary Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 19, 2006, Filed
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United States v. Whavers, No. 05-60009 Summary Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 19, 2006, Filed
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