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| Rodriguez v. Laflore, No. 06-20188 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 15, 2007, Filed
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Overview: A pro se inmate's appeal of a district court's 28 U.S.C.S. § 1915(e) dismissal of his § 1983 complaint was itself dismissed as frivolous because, inter alia, his placement in administrative segregation did not implicate a liberty, and his disagreement with his custodial classification did not state a constitutional claim.
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| Saks, Inc. v. United States, No. 06-60379 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 15, 2007, Filed
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Overview: A district court's dismissal of a company's claim against the United States for lack of subject matter jurisdiction was affirmed since its negligence supervision and training claim arose out of the misrepresentation and deceit of a USPS employee; the claim was excepted from the FTCA's waiver of sovereign immunity under 28 U.S.C.S. § 2680(h).
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| United States v. 1997 Cadillac Deville, No. 05-11265 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 15, 2007, Filed
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| United States v. Ayala, No. 05-20555 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 15, 2007, Filed
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Overview: During resentencing, trial court could consider other relevant conduct proved by a preponderance of the evidence, without violating defendant's Fifth and Sixth Amendment rights. Evidence was sufficient to establish drug quantity based on weight of the drugs defendant was arrested with and testimony that defendant had transported eight other loads.
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| United States v. Fletcher, No. 06-30622 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 15, 2007, Filed
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| United States v. Gonzales, No. 05-11049,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 15, 2007, Filed
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Overview: District court did not err in denying defendant's motion to suppress confession; there was no evidence that statements were coerced or borne of defendant's concern for his own or his brother's well being. Defendant's 188-month sentences for violating 26 U.S.C.S. § 5861(d) exceeded 10-year statutory maximum and thus constituted reversible error.
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| United States v. Hayes, No. 06-30455 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 15, 2007, Filed
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Overview: Defendant's 300-month sentence for conspiracy to commit wire fraud, wire fraud, and forfeiture was affirmed; district court specifically articulated sufficient reasons for deviating from the USSG, those reasons were consistent with the sentencing factors in 18 U.S.C.S. § 3553(a), and the district court properly balanced the sentencing factors.
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| United States v. Hayward, No. 06-50597 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 15, 2007, Filed
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Overview: Defendant's 24-month sentence following revocation of his supervised release was affirmed since the sentence was within the statutory maximum term of imprisonment, the district court considered the relevant 18 U.S.C.S. § 3553(a) factors, and the district court articulated sufficient reasons to support the sentence.
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| United States v. Illescas-Diaz, No. 06-40169 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 15, 2007, Filed
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