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   Federal Courts - 5th Circuit Court of Appeals - January 24, 2006

  
Coleman v. New Orleans & Baton Rouge S.S. Pilots' Ass'n, No. 04-30666, No. 04-30700, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 24, 2006, Filed
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Overview: Summary judgment was granted to several associations in an action filed under the Age Discrimination in Employment Act (ADEA), 29 U.S.C.S. § 621 et seq., because river pilots were not employees within the meaning of the ADEA; although the associations were a clearinghouse for river pilots, they had no control over the pilots' manner of work.

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United States v. Berryman, No. 04-40696 Summary Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 24, 2006, Filed
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United States v. Daugherty, No. 05-10085, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 24, 2006, Filed
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Overview: Because a valid plea agreement existed acknowledging that 18 U.S.C.S. § 924(e) and U.S. Sentencing Guidelines Manual 4B1.2(A) applied to a conviction for possession of a firearm by a felon based on past violent felonies, a court did not err by receiving evidence of another conviction at resentencing when one was improperly relied upon earlier.

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United States v. Woods, No. 04-11058, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 24, 2006, Filed
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Overview: Under harmless review of a Sixth Amendment Booker error claim, the government had the burden to prove beyond a reasonable doubt that the sentence imposed would have been the same, thus, defendant's inability to point to evidence in the record that the district court would have imposed a different sentence was irrelevant; re-sentencing was required.

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