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| Ali v. Gonzales, No. 05-60343 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 15, 2006, Filed
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Overview: An immigrant's due process rights were not violated when an immigration judge denied a motion for an eighth continuance under 8 C.F.R. § 1003.29 because the immigrant failed to establish good cause; he did not establish evidence that he had a labor certification application filed on or before April 30, 2001.
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| Alpha v. Hooper, No. 05-40457,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 15, 2006, Filed
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Overview: Evidence that decedent possessed and was under influence of methamphetamine when he was shot by deputy sheriff was relevant to issue of whether he used excessive force in shooting decedent because it tended to corroborate deputy sheriff's testimony that he believed decedent was under influence of methamphetamine immediately before the shooting.
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| Holloway v. Oguejiofor, No. 05-41021 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 15, 2006, Filed
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Overview: Inmate's appeal of dismissal of his 42 U.S.C.S. § 1983 suit alleging that defendants acted with deliberate indifference to inmate's serious medical needs was dismissed as frivolous; inmate failed to state claim for deliberate indifference where defendants performed EKGs on him and did not release him back to his cell until results were normal.
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| Miller v. Gonzales, No. 04-60875 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 15, 2006, Filed
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Overview: Appeal from a final removal order based on the commission of a crime of moral turpitude was dismissed for lack of jurisdiction under 8 U.S.C.S. § 1252(a)(2)(C) and the government was not estopped from denying derivative citizenship by the alien's allegation that a consular officer rescheduled an interview with him to occur after his 18th birthday.
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| Strong v. B.P. Exploration & Prod., No. 05-30153,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 15, 2006, Filed
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Overview: Corporation's summary judgment motion should have been granted; three-year statute of limitations in 46 U.S.C.S. app. § 763a applied, rather than more lenient state statute, as federal maritime law applied of its own force where oil well worker's claim that he was injured while unloading tools on corporation's cluttered lifeboat was maritime tort.
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| United States v. Akinsuroju, No. 05-40697 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 15, 2006, Filed
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Overview: Defendant's conviction for violating 18 U.S.C.S. § 1709 was supported by sufficient evidence where he was witnessed taking U.S. mail and admitted to having done so on many occasions. Four-level increase in defendant's initial offense level was required under U.S. Sentencing Guidelines Manual § 2B1.1(b)(2)(B), cmt., application n. 4(C)(i),(ii)(I).
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| United States v. Bonilla-Fragoso, No. 04-41611 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 15, 2006, Filed
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Overview: Sentence was vacated; imposition under mandatory sentencing guidelines was error. Court did not state it would have imposed same sentence absent mandatory guidelines and did not explicitly refuse to allow defendant to serve federal sentence concurrently with state sentence; there was no indication court would have imposed the same sentence.
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| United States v. Cain, No. 05-30003,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 15, 2006, Filed
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Overview: Where the evidence showed that a large amount of drugs were found on defendant's person, they were broken into smaller pieces, defendant had no drugs in his system, defendant did not possess drug paraphernalia, and he used a gun when fleeing from police, there was sufficient evidence to sustain a conviction under 21 U.S.C.S. § 841(a)(1), (b)(1)(C).
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| United States v. Cano, No. 05-40219 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 15, 2006, Filed
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Overview: Defendant failed to show that district court abused its discretion in denying his requested jury instruction on the justification defense where he had not shown that he was entitled to assert the defense of justification as to the charge of possession of ammunition by a convicted felon in violation of 18 U.S.C.S. §§ 922(g)(1), 924(a)(2), 924(e)(1).
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