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   Federal Courts - 5th Circuit Court of Appeals - February 7, 2006

  
Desselle v. Cottonport Bank (In re Desselle), No. 05-30128, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 7, 2006, Filed
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Pourgholam v. Advanced Telemarketing Corp., No. 05-10502 Summary Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 7, 2006, Filed
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United States v. Castillo-Rodriguez, No. 05-40105 Summary Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 7, 2006, Filed
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Overview: Defendant's conviction for violating 8 U.S.C.S. 1326 was affirmed because his challenge to the constitutionality of 8 U.S.C.S. § 1326(b) was foreclosed by the Almendarez-Torres decision. His sentenced was vacated, and the case was remanded because the district court committed Fanfan error is sentencing defendant.

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United States v. Sanchez-Garcia, No. 05-10027 Summary Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 7, 2006, Filed
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United States v. Tatum, No. 03-30815, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 7, 2006, Filed
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Overview: Defendant's conviction and sentence were reinstated, as modified to reflect a 15 year minimum term, because, while the district court erred in applying the U.S. Sentencing Guidelines mandatorily, the error was harmless as defendant would still have been subjected to the modified sentence that he received under an advisory application.

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