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| Rogers v. Metro. Transit Auth., No. 04-20810 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 2, 2006, Filed
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| United States v. Arevalo-Lozano, No. 04-41153 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 2, 2006, Filed
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Overview: Defendant's conviction was affirmed because his argument that 8 U.S.C.S. § 1326 was unconstitutional was foreclosed. His sentence was vacated and remanded because the district court stated that the sentence seemed lengthy for the crime, and the government did not show that the court would have sentenced defendant differently under advisory USSG.
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| United States v. Jimenez-Sanchez, No. 04-41381 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 2, 2006, Filed
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Overview: Error of sentencing defendant under mandatory sentencing guidelines in violation of Booker was not harmless where the record provided no indication, and the government has not met its burden of showing that the district court would not have sentenced defendant differently under an advisory guidelines system.
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| United States v. Ontiveros-Mayorga, No. 04-41376 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 2, 2006, Filed
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Overview: The district court's error in sentencing defendant under the mandatory U.S. Sentencing Guidelines regime that was declared unconstitutional in Booker was not harmless under Fed. R. Crim. P. 52(a) because the U.S. failed to meet its burden of showing beyond a reasonable doubt that the court would have imposed the same sentence absent the error.
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| United States v. Salgado-Rangel, No. 05-40095 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 2, 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 the case was remanded because the district court's application of the USSG as mandatory was a Fanfan error, which the government failed to show was harmless error.
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| United States v. Story, No. 04-41323,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 2, 2006, Filed
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Overview: A sentence imposed in a drug and weapons case was vacated and remanded; two oral alternative sentences were ambiguous where the trigger to impose the first alternative did not occur; the U.S. Sentencing Guidelines were not rendered unconstitutional, but merely advisory.
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| United States v. Webb, No. 03-50978 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 2, 2006, Filed
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Overview: Defendant's Booker arguments failed on appeal because he could not show plain error; that district court stated that a small quantity of drugs was involved and that one predicate offense for the enhanced sentence was committed when defendant was only 19 did not mean that a lesser sentence would have been imposed under advisory application of USSG.
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