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| United States v. Ballard, No. 05-40538 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 1, 2006, Filed
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Overview: Court affirmed defendant's conviction for violating 8 U.S.C.S. § 1324(a)(1)(A)(ii); testimony from two illegal immigrants stating that defendant helped them into the back of a tractor-trailer was sufficient to show that defendant, a passenger in the tractor-trailer, knew that the driver was smuggling illegal immigrants into the U.S.
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| United States v. Gomez, No. 04-41691 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 1, 2006, Filed
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Overview: Defendant's conviction for violating 8 U.S.C.S. § 1326 was affirmed, but his sentence was vacated and remanded because the district court's application of the U.S. Sentencing Guidelines Manual § 2L1.2(b)(1)(B) enhancement for defendant's violation of Cal. Health & Safety Code § 11352(a) and his Booker claim were not harmless errors.
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| United States v. Gonzalez-Angeles, No. 05-51142,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 1, 2006, Filed
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| United States v. Meabe-Morales, No. 05-50255 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 1, 2006, Filed
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Overview: Defendant's sentence was vacated and remanded for resentencing where an enhancement was inapplicable because defendant's prior conviction for "trafficking in marijuana" by transporting in excess of 10 pounds of marijuana, under N.C. Gen. Stat. § 90-95(h)(1), did not fall within USSG § 2L1.2(b)(1)(A)(i)'s definition of a drug trafficking offense.
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| United States v. St. John, No. 04-11042,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 1, 2006, Filed
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| Veith v. Stegemueller, No. 05-50153; No. 05-51052 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 1, 2006, Filed
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Overview: Where taxpayer argued to district court and on appeal "totally frivolous and irrelevant arguments," such as arguments that he was not citizen and thus was not taxpayer and that district court lacked authority to enforce an IRS summons, court dismissed appeal and awarded U.S. sanctions under 26 U.S.C.S. § 7482(c)(4) and Fed. R. App. P. 38.
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| Woodford v. England, No. 04-61000 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 1, 2006, Filed
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Overview: Even if former employee was disabled under Rehabilitation Act, summary judgment for Secretary of Navy was proper where employee presented no evidence to show that he was adversely treated solely because of his disability because affidavit he offered as evidence suggested a belief that employee's termination was in retaliation for filing a claim.
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