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| Pustka v. Printpack Inc., No. 05-40043,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 22, 2006, Filed
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Overview: In a personal injury case, the decision of the district court was affirmed because there was sufficient evidence to allow a rational jury to conclude that the employee's injury was proximately caused either by negligence in loading a pallet or by negligent enforcement of the safety rule prohibiting solo manhandling of rolls.
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| Snook v. Popiel (In re Snook), No. 05-20583 Summary Calender,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 22, 2006, Filed
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Overview: Where a creditor was awarded fraud and breach of contract damages and attorney fees in state court, the debt for the attorney fees award was exempt from discharge under 11 U.S.C.S. § 523 because the debt for the fraud award was exempt and the debt for the attorney fees award arose out of the fraud-based debt.
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| United States v. Angon-Zamudio, No. 04-41553 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 22, 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 remanded because the government correctly conceded that the district court's application of the USSG as mandatory was not harmless.
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| United States v. Cuellar, 05-10065,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 22, 2006, Filed
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Overview: District court erred in denying defendant's motion for judgment of acquittal on a money laundering charge; although money was found hidden in defendant's car as he was driving toward Mexico, government failed to show that he was hiding the money to conceal its source, and thus, the concealment prong of 18 U.S.C.S. § 1956(a)(2)(B)(i) was not met.
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| United States v. Del Cid-Mendez, No. 05-40177 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 22, 2006, Filed
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Overview: Sentence was vacated, where district court sentenced defendant pursuant to mandatory sentencing guidelines regime. Government conceded defendant preserved issue on appeal; however, sentencing transcript was devoid of evidence that court would have imposed same sentence under advisory regime, so government did not show error was harmless.
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| United States v. Dennis, No. 05-30151 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 22, 2006, Filed
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Overview: Defendant's conviction and sentence for violating 18 U.S.C.S. § 228(a)(3) of the Deadbeat Parents Punishment Act were upheld on appeal because, inter alia, there was sufficient evidence, testimony concerning a conversation between him and his daughter was properly admitted under Fed. R. Evid. 404(b), and the sentence was reasonable.
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| United States v. Encarnacion-Maldonado, No. 04-41154 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 22, 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 remanded because defendant preserved his Fanfan error and the government could not meet its burden of showing that sentencing defendant under a mandatory USSG regime was harmless.
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| United States v. Escoval-Espinoza, No. 05-40144 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 22, 2006, Filed
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Overview: Sentence was vacated, where district court erred by sentencing defendant under a mandatory sentencing guidelines regime. The government conceded that defendant's objection below preserved claim, but the government did not show that the error was harmless beyond a reasonable doubt.
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| United States v. Gonzalez-Martinez, No. 04-41029 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 22, 2006, Filed
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Overview: Sentence was vacated, where defendant was sentenced under mandatory sentencing guidelines. Government conceded defendant preserved issue for appeal; however, record failed to provide clear commentary from district court regarding whether it would have imposed same sentence in post-Booker environment.
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