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| United States v. McGilberry, 04-60701,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 21, 2007, Filed
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Overview: Defendant's conviction and sentence for violating 18 U.S.C.S. §§ 922(g)(1) and 924(a)(2) and (c)(1) were affirmed because neither a defective indictment nor a constructive amendment of the indictment affected the fairness of the proceedings, and defendant failed to show that his sentence was the result of plain error.
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| United States v. Ramirez, No. 05-51016,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 21, 2007, Filed
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Overview: Conviction for violating 21 U.S.C.S. § 841(a)(1), (b)(1)(A) was supported by sufficient evidence of defendant's knowledge that cocaine was in hidden compartment of trailer where cocaine was valued at $ 3.2 million, defendant gave inconsistent stories about how he met woman who allegedly hired him, and his explanation of his hiring was implausible.
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| United States v. Sierra, No. 05-21038 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 21, 2007, Filed
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Overview: Defendant's sentence was properly enhanced under USSG § 2L1.2(b)(1)(A)(vii) because he did not show that information about prior conviction for aiding and abetting illegal alien transportation was unreliable, and at rearraignment, he agreed to Government's statement about conviction, which was alien smuggling offense that qualified for enhancement.
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| United States v. Toxqui-Ramos, No. 05-20558,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 21, 2007, Filed
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Overview: Defendant's sentence was affirmed because district court considered each 18 U.S.C.S. § 3553(a) factor and altered its initial intention to sentence defendant at top of guideline range after considering mitigation evidence, and defendant failed to show that district court's imposition of sentence at low end of guidelines range was unreasonable.
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| United States v. Willis, No. 05-61163 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 21, 2007, Filed
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Overview: Defendant's non-U.S. Sentencing Guideline sentence for violating 18 U.S.C.S. §§ 113(a)(3) and 1153 was affirmed because the district court's stated reasons for the upward variance were not based on improper or irrelevant factors, and the sentence was reasonable and supported by 18 U.S.C.S. § 3553(a) factors.
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