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| United States v. Chunn, No. 04-20901 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 25, 2006, Filed
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Overview: Because the government could not show that the district court would have imposed the same sentence in the absence of the pseudoephedrine quantity used, the judgment of the district court was vacated and the case was remanded to the district court for resentencing for the drug conviction.
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| United States v. Garcia, No. 05-10353 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 25, 2006, Filed
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Overview: Trial court erred by imposing a 16-level sentencing enhancement under U.S. Sentencing Guidelines Manual § 2L1.2(b)(1)(A)(i)(2004) based on defendant's prior conviction for delivering cocaine; the trial court could not rely solely on the PSI's characterization or description of the offense to determine that the offense was an aggravated felony.
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| United States v. Hernandez-Carranza, No. 04-41576 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 25, 2006, Filed
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Overview: The fact that defendant was sentenced in the middle of the range established by the U.S. Sentencing Guidelines Manual did not prove that the district court would have imposed the same sentence under an advisory Guidelines scheme. The district court's Fanfan error was not harmless.
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| United States v. Montes-Castillo, No. 05-40296 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 25, 2006, Filed
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| United States v. Rocha, No. 04-10955 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 25, 2006, Filed
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Overview: Where nothing in the record indicated the classification of defendant's conviction for possession with intent to distribute marijuana in violation of 21 U.S.C.S. § 841(a)(1), the court could not determine whether the 24-month sentence imposed upon the revocation of defendant's supervised release was proper under 18 U.S.C.S. §§ 3559(a) and 3583(e).
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| United States v. Salazar-Palacios, No. 04-41520 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 25, 2006, Filed
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| United States v. Varela-Medina, No. 04-40045 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 25, 2006, Filed
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