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| Noble v. Fed. Ins. Co. (In re Jazzland, Inc.), No. 05-30426,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 20, 2006, Filed
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Overview: There was single reasonable construction of retainage account provision in credit agreement between Chapter 11 debtor and project lender: provision established account for purpose of holding funds earned by contractor under construction contracts between it and debtor, pending final payment of funds to contractor upon successful project completion.
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| Noorani v. Gonzales, No. 05-60153 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 20, 2006, Filed
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Overview: Petition for review of BIA order affirming immigration judge's denial of alien's request for asylum and withholding of removal was denied; evidence of sporadic attacks on alien's mosque in Pakistan and general evidence of increasing tension between Sunnis and Shias was insufficient to warrant withholding of removal under 8 U.S.C.S. § 1231(b)(3)(A).
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| S. Tex. Mortg. Corp. v. United States Housing & Urban Dev., No. 05-60366 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 20, 2006, Filed
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Overview: Where a HUD-approved mortgagee agreed to permit a non-HUD approved mortgagee to originate Federal Housing Administration insured loans using the mortgagee's HUD-approved identification number, there was substantial evidence supporting an ALJ's decision to impose civil penalties for violating 12 U.S.C.S. § 1735f-14(b)(1)(C), (G), (H).
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| United States v. Cantu-Marichalar, No. 04-20205,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 20, 2006, Filed
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Overview: District court's application of mandatory sentencing guidelines was not reversible plain error. There was no plain error because the district court did not make any statements that could support an inference that the district court would have imposed a lesser sentence under advisory sentencing guidelines.
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| United States v. Cortez-Melendez, NO. 05-40179 SUMMARY CALENDAR,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, JANUARY 20, 2006, FILED
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Overview: Where district court imposed 16-level enhancement and there was no indication in the record that the district court would have imposed the same sentence under an advisory rather than mandatory sentencing guidelines scheme, the government could not carry its burden of demonstrating harmless error. The sentence was vacated.
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| United States v. Dees, No. 04-11519 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 20, 2006, Filed
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| United States v. Hartshorn, No. 04-41608,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 20, 2006, Filed
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Overview: Conditions imposed on supervised release fell within scope of defendant's appeal waiver and were not subject to review: 42 U.S.C.S. § 14135a(a)(1) authorized required cooperation in DNA sample collection and did not constitute sentence exceeding maximum; prohibition on possession of sexually explicit material did not raise First Amendment concerns.
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| Williams-Igwonobe v. Gonzales, No. 03-61015,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 20, 2006, Filed
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Overview: Denial of motion to reopen was abuse of discretion because IJ did not consider the merits of alien's in absentia claims of extreme hardship under 8 U.S.C.S. § 1182(h)(1)(B) for waiver so that requirement of reasonable cause for reopening under 8 U.S.C.S. § 1252 was inapplicable and alien had produced substantial evidence to support waiver claim.
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| Yazdchi v. Geico, No. 04-21005 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 20, 2006, Filed
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