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| Bannister v. Smith, No. 06-50436 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 25, 2007, Filed
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Overview: A pro se federal inmate's motion to proceed in forma pauperis was denied because his appeal was frivolous, and his appeal of the dismissal of his 28 U.S.C.S. § 2241 petition was dismissed because the U.S. Parole Commission's action determining his parole release date based on aggravating factors was within its authorized discretion.
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| Guerrero v. Barnhart, No. 06-10859 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 25, 2007 Filed
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Overview: A district court's affirmation of the denial of a Social Security claimant's application for disability benefits was affirmed because substantial evidence supported the ALJ's decision. Inter alia, the ALJ noted the dearth of evidence in the medical records to support a finding that the claimant's impairment was as severe as she alleged.
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| United States v. Arias-Robles, No. 05-51494,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 25, 2007, Filed
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Overview: It was not error for the district court to conclude that defendant's consent to search the truck was voluntary because consent was made at a time when the officer had apprised defendant that he was free to go. Fact that the officer did not tell defendant he was free to refuse consent was not dispositive of the consent issue.
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| United States v. De La Fuente, No. 05-40084 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 25, 2007, Filed
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Overview: Defendant's 109-month sentence for possession with intent to distribute in excess of 100 kilograms of marihuana was vacated, and the case was remanded because the district court sentenced defendant under a mandatory U.S. Sentencing Guidelines system, and the government could not show that the error was harmless.
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| United States v. Delaportilla, No. 05-20611 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 25, 2007, Filed
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| United States v. Harris, No. 06-30243,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 25, 2007, Filed
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Overview: Defendant's conviction for violating 18 U.S.C.S. § 924(c) was affirmed because the district court did not improperly instruct the jury and, given the fact the defendant was arrested with a loaded handgun in one pocket and a distributable quantity of drugs in the other, there was sufficient evidence to support the conviction.
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| United States v. Olvera-Palacios, No. 06-40029 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 25, 2007, Filed
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