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| United States v. Nikonova, No 05-31093,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 26, 2007, Filed
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Overview: Defendant's 31-month sentence for violating 18 U.S.C.S. § 2252A(a)(5)(B) was affirmed because, even if a sadistic-images enhancement should not have applied, her sentence fell within the USSG; therefore it was entitled to a presumption of reasonableness, which defendant did not rebut.
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| United States v. Reyes-Bautista, No. 05-40022,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 26, 2007, Filed
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Overview: An appellate court affirmed defendant's conviction, but vacated his sentence, and remanded the case to the district court because is addition to a Fanfan error, the district court erred by characterizing defendant's state felony as an aggravated felony and enhancing his sentence under U.S. Sentencing Guidelines Manual. § 2L1.2(b)(1)(C).
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| United States v. Santana, m 05-50980,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 26, 2007, Filed
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Overview: A district court's denial of a pro se federal inmate's 28 U.S.C.S. § 2255 motion was reversed, and the case was remanded for resentencing because a Louisiana plea of nolo contendere that had been used to find that the inmate was a career offender under U.S. Sentencing Guidelines Manual § 4B1.1(a) had been dismissed.
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| United States v. Teagle, No. 06-40476 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 26, 2007, Filed
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Overview: Defendant's guilty-plea conviction for possession of firearm by convicted felon was affirmed because, in support of arguments raised for first time on appeal as to reasonableness of sentence, defendant did not show any error, plain or otherwise, to demonstrate that his 120-month, non-Guidelines sentence was unreasonable under 18 U.S.C.S. § 3553(a).
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| United States v. Vigers, No. 06-30318 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 26, 2007, Filed
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Overview: Defendant's sentences for violating 8 U.S.C.S. §§ 2, 371, and 1951(a) were affirmed because the district court did not err in enhancing his sentence pursuant to U.S. Sentencing Guidelines Manual § 2B3.1(b)(4)(B); among other things, defendant did not rebut the facts contained in the PSR.
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