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| Burgess v. Sikes (In re Burgess), No. 04-30189,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 27, 2006, Filed
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Overview: After determining that debtor did not obtain a legal interest in the disaster relief payment until after the passage of the Agricultural Assistance Act of 2003, the court agreed with the panel's holding that payment was not "property" under 11 U.S.C.S. § 541(a)(1) because the legislation was not enacted until after filing of bankruptcy occurred.
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| Emcasco Ins. Co. v. Am. Int'l Specialty Lines Ins. Co., 04-11345,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 27, 2006, Filed
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Overview: Court vacated summary judgment for appellee insurer in appellant insurer's subrogation case; although appellee's policy excluded coverage for injuries arising out of use of insured's vehicles, debris from which may have caused auto accident, accident could have been caused by mud from insured's property, which was covered under appellee's policy.
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| Henderson v. Dretke, No. 04-70032,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 27, 2006, Filed
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Overview: Prisoner was denied certificate of appealability under 28 U.S.C.S. § 2253(c) on four claims, including claim that FBI agent violated her U.S. Const. Amend. V and XIV rights by coercing her to involuntarily confess to killing and burying her victim since agent made no promises in exchange for her statement and record did not support her contentions.
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| Montoya v. Dodson, No. 04-51422,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 27, 2006, Filed
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| United States v. Cruz-Perez, No. 04-20011 Conference Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 27, 2006, Filed
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Overview: Following remand by the United States Supreme Court, defendant's conviction and sentence were affirmed because he could not satisfy the demanding standard for extraordinary circumstances, warranting review of an issue raised for the first time in a petition for certiorari.
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| United States v. Loredo-Torres, No. 04-40116 Conference Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 27, 2006, Filed
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Overview: Defendant's conviction and sentence for violating 8 U.S.C.S. § 1325 was affirmed because he raised his Booker claim for the first time in his petition for certiorari, and he did not show the extraordinary circumstances necessary for review of his claim on remand from the United States Supreme Court.
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| United States v. Urbina-Rodriguez, No. 05-40495 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 27, 2006, Filed
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Overview: Sentence was vacated and remanded for resentencing where district court could not have relied on presentence report when it enhanced defendant's sentence under USSG § 2L1.2(b)(1)(A)(ii), and record contained no other documents upon which district court could have relied to determine whether prior offense fit under definition of a crime of violence.
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