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| United States v. Hernandez-Lazaro, No. 04-11370 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 15, 2006, Filed
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Overview: In a very brief order, the court vacated defendant's sentence; the U.S. conceded that defendant preserved his Fanfan claim and that the U.S. could not demonstrate that the Fanfan error was harmless.
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| United States v. Hernandez-Perez, No. 04-41166 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 8 U.S.C.S. § 1326 was affirmed, but his sentence was vacated, and the case was remanded because the district court committed a Fanfan error, and under the harmless error standard, the government did not carry its burden of showing beyond a reasonable doubt that the error did not affect defendant's sentence.
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| United States v. Hidalgo-Peralta, No. 04-50413 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 15, 2006, Filed
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Overview: Defendant's consecutive 12-month sentence following revocation of his supervised release at sentencing following his and his brother's conviction of several drug offenses was affirmed because the consecutive sentence was not imposed based on an impermissible factor as asserted by defendant.
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| United States v. Milton, No. 05-30595 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 15, 2006, Filed
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Overview: In a very brief order, without stating its analysis, the court held that substantial evidence supported the finding that defendant committed a grade A violation of his supervised release. The United States proved that the rocklike substance defendant possessed was crack cocaine and that he intended to distribute the cocaine.
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| United States v. Noriega-Puente, No. 05-50538,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 15, 2006, Filed
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| United States v. Orona, No. 05-50217 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 15, 2006, Filed
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Overview: Denial of motion to suppress computer containing child pornography seized from car was not error. Warrantless search, U.S. Const. amend. IV, would have been supported by probable cause; defendant was not in custody at time of search, engine of car was running, and defendant did not dispute he had been seen by deputies loading computer into vehicle.
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| United States v. Puente-Solis, No. 04-41399 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 15, 2006, Filed
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Overview: Defendant's sentence was vacated, as government did not show Fanfan error was harmless, Fed. R. Crim. P. 52(a). Defendant was sentenced at middle of range, and district court provided no commentary regarding sentence imposed; record provided no indication court would not have sentenced defendant differently under advisory guidelines system.
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| United States v. Rodriguez-Alvarran, No. 05-40253 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 15, 2006, Filed
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Overview: Where the United States conceded that defendant preserved his Fanfan claim, and nothing in the record indicated the district court would have imposed the same sentence under an advisory U.S. Sentencing Guidelines Manual, a remand for resentencing was required.
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| United States v. Rodriguez-Cardenas, No. 04-41560 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 15, 2006, Filed
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Overview: Sentence imposed upon illegal reentry conviction was vacated and case remanded for resentencing in accordance with Booker because, based on district court's limited remarks, it could not be said that sentence imposed under mandatory USSG would have been same if mandatory USSG had not been applicable. Error was not harmless beyond reasonable doubt.
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