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| Ford v. Dretke, No. 04-40470 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 21, 2006, Filed
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Overview: An inmate's claim that his plea was involuntary was meritless because the record did not reflect that he would have proceeded to trial absent ineffective assistance; thus, his 28 U.S.C.S. § 2254 habeas petition was properly denied because any error in the determination that there was an adjudication on the merits by the state court was harmless.
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| Gulf S. Med. & Surgical Inst. v. Aetna Life Ins. Co., No. 05-30633 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 21, 2006, Filed
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Overview: A district court's Fed. R. Civ. P. 12(b)(6) dismissal was affirmed because the complaint was barred by res judicata even though appellants' changed the theory of recovery. The imposition of Fed. R. Civ. P. 11 sanctions was vacated because the case was originally filed in state court and removed; Rule 11 only applied to cases filed in federal court.
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| Liberto v. D.F. Stauffer Biscuit Co., No. 04-50308,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 21, 2006, Filed
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Overview: Permanent injunction was vacated where district court enjoined company's use of individual's mark. Settlement agreement, upon which district court relied in granting injunction, was not enforceable contract; it was agreement to agree, not contract, and company's failure to pay royalties was not breach of contract warranting injunctive relief.
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| Malmed v. Potter, No. 05-20482 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 21, 2006, Filed
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| Nautilus Ins. Co. v. All Counties Prof'l Secs. Inc., No. 05-51153 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 21, 2006, Filed
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| United States v. Alvarez-Ontiveros, No. 04-20870 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 21, 2006, Filed
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Overview: Defendant's conviction for unlawful presence in the United States after deportation following an aggravated felony in violation of 8 U.S.C.S. § 1326 was affirmed, but his sentence was vacated and remanded for resentencing because the government had not shown beyond a reasonable doubt that the Booker error was harmless.
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| United States v. Duran, No. 04-11036 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 21, 2006, Filed
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Overview: Defendant's conviction for illegal reentry after a previous deportation was affirmed, but his sentence was vacated and remanded because the district court committed Fanfan error by applying the USSG as mandatory, and there was no showing that the district court would have imposed the same sentence had the USSG been advisory.
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| United States v. Galan-De La Torre, No. 04-41460 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 21, 2006, Filed
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Overview: Defendant's sentence for violating 8 U.S.C.S. § 1326 was vacated and remanded because he had preserved his claim of Booker error, and the government had not borne its burden of establishing beyond a reasonable doubt that the district court's error was harmless.
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| United States v. Garcia-Gonzalez, No. 05-40490 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 21, 2006, Filed
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Overview: District court did not plainly err by increasing defendant's offense level under U.S. Sentencing Guidelines Manual § 2L1.2 based on his prior Texas kidnapping conviction because elements of kidnapping in Texas were consistent with ordinary understanding of the term and decision to increase defendant's offense level was not a clear or obvious error.
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