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| NLRB v. United States Postal Serv., No. 05-61168,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 26, 2007, Filed
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Overview: A federal appellate court enforced a cease-and-desist order by the NLRB against a postal service facility for repeated failures to respond to union information requests in violation of rights protected by the NLRA, 29 U.S.C.S. § 158(a), but modified the overly-broad order to tailor the remedy to specific acts the facility had actually committed.
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| Terrebonne v. K-Sea Transp. Corp., No. 06-30041,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 26, 2007, Filed
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Overview: An arbitration agreement was enforceable under the Federal Arbitration Act, 9 U.S.C.S. § 1, in a seaman's personal injury suit filed under the Jones Act, 46 U.S.C.S. § 688, because it was not subsumed into the seaman's employment contract; 28 U.S.C.S. § 1391(c)'s definition of "corporate residence" applied in Jones Act cases to determine venue.
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| United States v. Finley, No. 06-50160,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 26, 2007, Filed
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Overview: Defendant's conviction for one count of aiding and abetting possession with intent to distribute a controlled substance (methamphetamine) was affirmed because a lesser-included-offense instruction was not necessary; the two separate caches of drugs each constituted a separate violation of the narcotics laws.
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| United States v. Moore, No. 06-50596 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 26, 2007, Filed
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Overview: Record did not support defendant's claim that a district court mistakenly believed that a mandatory two-year minimum prison sentence was required under the Assimilative Crimes Act, 18 U.S.C.S. § 13, and Tex. Penal Code Ann. §§ 49.04 and 49.09(b) upon defendant's guilty plea to DWI, so defendant's two-year sentence did not violate due process.
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| United States v. Roberts, No. 06-30588 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 26, 2007, Filed
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| United States v. Trevino, No. 05-51309,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 26, 2007, Filed
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Overview: District court did not err in admitting statement in which defendant, a former police officer, admitted to harassing women, in violation of 18 U.S.C.S. § 241; defendant was not faced with choice of making incriminating statement or being fired where there were no explicit or implicit threats that he would be fired if he did not make the statement.
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