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| Clay v. Univ. of Tex. Med. Branch , No. 05-40352 c w Nos. 05-40353 and 05-40614, USDC No. 9:03-CV-268, No. 05-40664, USDC No. 9:04-CV-272, No. 05-40812, USDC No. 9:05-CV-51,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 17, 2006, Filed
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Overview: District court abused its discretion in dismissing inmate's civil rights complaints under Fed. R. Civ. P. 41(b) for failure to comply with court order, based on inmate's purported refusal to attend a Spears hearing, because of a conflict in record as to whether inmate "refused" to attend hearing or otherwise failed to comply with scheduling order.
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| Johnson v. Houston's Rest., Inc., No. 05-20230,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 17, 2006, Filed
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Overview: Summary judgment was properly granted to employer in suit alleging that employee was discharged in violation of FMLA; when employee was released back to work with light duty restriction after 62 days of leave, he could not perform his prior duties, and fact that he might have been able to resume the duties after 12-week FMLA period was irrelevant.
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| United States v. Aparicio-Martinez, No. 04-41522 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 17, 2006, Filed
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Overview: Sentence was vacated, where district court proceeded during sentencing under United States Sentencing Guidelines as mandatory, rather than advisory; instant court applied harmless error standard of review, and government did not meet burden of proving district judge would have imposed same sentence under advisory guidelines regime.
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| United States v. Duhon, No. 05-30387,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 17, 2006, Filed
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Overview: Where the district court had miscalculated the Guidelines range, and the sentence did not reflect the seriousness of defendant's offense, possession of child pornography, and it properly gave weight to the Guidelines sentence of a differently-situated co-defendant, sentence was unreasonable with regard to factors in 18 U.S.C.S. § 3553.
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| United States v. Martinez-Escalante, No. 05-40005 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 17, 2006, Filed
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Overview: Sentence was vacated, Fed. R. Crim. P. 52(a), where he was sentenced pursuant to mandatory sentencing guidelines. Government conceded that defendant preserved his claim of error; nothing in the record demonstrated and the government did not show that the district court would not have imposed a different sentence under advisory guidelines.
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| United States v. Riva, No. 05-10059,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 17, 2006, Filed
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Overview: Defendant's sentence for violating 18 U.S.C.S. § 922(g)(1), which was enhanced under U.S. Sentencing Guidelines Manual § 4B1.2(a), was affirmed because, under Tex. Penal Code Ann. § 20.02 (2002), unlawful restraint by confinement was a crime of violence whether accomplished by force, intimidation, or deception.
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| United States v. Rucker, No. 04-50761,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 17, 2006, Filed
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Overview: District court did not err in increasing defendant's base offense level under U.S. Sentencing Guidelines Manual § 2D1.1(b)(1); although guns found in defendant's home at the time of his arrest for violating 21 U.S.C.S. § 843(a)(6) were in a back bedroom, there was evidence that he kept gun with him while manufacturing drugs in an attached garage.
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| United States v. Smith, No. 05-30313,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 17, 2006, Filed
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Overview: Defendant's sentence was affirmed because the district court, following reasonableness standard pursuant to 18 U.S.C.S. § 3553(a), did not err in sentencing defendant to a sentence that was not a U.S. Sentencing Guidelines sentence. Further, the court's reliance on defendant's criminal history and recent status as a parolee was not erroneous.
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| Dao Hua Lin v. Gonzales, No. 04-60669 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 20, 2006, Filed
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Overview: An alien's petition for review was denied because court did not have to address the IJ's determinations concerning the alien's eligibility for relief because those determinations did not impact the IJ's credibility adverse determination, and the IJ's adverse credibility determination was supported by substantial evidence.
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