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| Sanchez v. Gonzales, No.06-60316 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 30, 2007, Filed
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Overview: IJ did not abuse discretion by denying an alien's motion for continuance to seek a pardon from the State of Wyoming for his prior felony drug conviction before IJ ordered alien removed on basis of illegal entry and prior conviction because alien could not show good cause for continuance in light of his inability to specify duration of continuance.
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| Shepherd v. Gulf Coast Cmty. Servs., No. 60-20429 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 30, 2007, Filed
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Overview: District court did not commit reversible error when it sua sponte granted summary judgment to former employer as to terminated employee's 42 U.S.C.S. § 2000e-2(a) and 31 U.S.C.S. § 3730(h) discrimination and wrongful discharge claims. No plain error arose out of fact that employee was not given 10 days' notice of right to present opposing evidence.
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| United States v. Deleon, No. 06-20080 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 30, 2007, Filed
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| United States v. Faulk, No. 06-30033 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 30, 2007, Filed
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| United States v. Figueroa, m 06-50458 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 30, 2007, Filed
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Overview: Defendant's 240-month sentence for violating 18 U.S.C.S. §§ 2113(a) and 2, to run concurrently with his 50 year state sentence for offenses related to the robbery, was vacated and the case was remanded for resentencing because the district court did not acknowledge U.S. Sentencing Guidelines Manual § 5G1.3(b) in its sentencing calculations.
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| United States v. Gonzalez-Ramirez, No. 04-51355,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 30, 2007, Filed
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Overview: Because Tennessee's basic kidnapping statute, Tenn. Code Ann. § 39-13-303, required force, threat, or fraud, with the aggravating elements of substantial risk of injury or confinement for involuntary servitude defendant's prior guilty plea to attempted kidnapping under § 39-12-303 was properly used to enhance his sentence under USSG § 2L1.2 (2003).
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| United States v. Penny, No. 06-10530 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 30, 2007, Filed
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Overview: Defendant's 24-month sentence of imprisonment and 12 months of supervised release following revocation of his supervised release was affirmed because the sentence was within the statutory maximum term of imprisonment, and the district court stated that it had considered the advisory USSG range and found it was inadequate.
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| United States v. Turner, No. 05-30913 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 30, 2007, Filed
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Overview: District court did not clearly err by enhancing defendant's sentence under USSG § 3B1.1(c) for directing and supervising another participant's activities when PSR stated that his roommate served as defendant's personal assistant in distributing drugs and maintaining his financial records and roommate drove drug shipment at defendant's direction.
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| United States v. Velazquez, No. 06-50380 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, January 30, 2007, Filed
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Overview: In plea agreement, defendant voluntarily waived right to appeal his sentence, and defendant's argument that counsel rendered ineffective assistance and Government committed prosecutorial conduct with regard to district court's consideration of ex parte statements made by case agent did not bring defendant's appeal within any exceptions to waiver.
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