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   Federal Courts - 5th Circuit Court of Appeals - February 10, 2006

  
Bermudes-Cardenas v. Gonzales, No. 04-60574 Summary Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 10, 2006, Filed
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Overview: An alien's petition for review was denied because the BIA did not abuse its discretion by denying the alien's second motion to reopen on procedural grounds. The alien was not entitled to an EAJA award of attorney's fees and costs because he was not the prevailing party since his petition for review was denied.

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Rabel v. Dretke, No. 05-10373 Summary Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 10, 2006, Filed
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Skinner v. Lee, No. 04-30334 Summary Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 10, 2006, Filed
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United States v. Carmona-Calderon, No. 05-40026 Summary Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 10, 2006, Filed
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Overview: Defendant's conviction for violating 8 U.S.C.S. § 1326(a) and (b) was vacated, and the case was remanded since the government had not met its burden of proving that the district judge would have imposed the same sentence under an advisory USSG regime. But, his constitutional challenge to § 1326(b) was foreclosed by the Almendarez-Torres decision.

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United States v. Carrasco-Castro, No. 04-41713 Summary Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 10, 2006, Filed
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Overview: Defendant's sentence for violating 8 U.S.C.S. § 1326 was vacated, and the case was remanded because the government failed to show that the district court would have imposed the same sentence in a post-Booker environment. The challenge to the constitutionality of 8 U.S.C.S. § 1326(b) was foreclosed by the Almendarez-Torres decision.

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United States v. Gilley, No. 03-10438, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 10, 2006, Filed
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Overview: Defendant's 789-month sentence was affirmed because, even assuming arguendo that the first two prongs of the plain error test had been satisfied, there was no indication that the district court would have imposed a lesser sentence had it understood that the USSG were advisory.

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United States v. Youngblood, No. 04-50603 Summary Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 10, 2006, Filed
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