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   Federal Courts - 5th Circuit Court of Appeals - February 23, 2006

  
United States v. Aldana-Sanabria, No. 05-40668 Conference Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 23, 2006, Filed
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United States v. Alvarado, No. 05-40312 Conference Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 23, 2006, Filed
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United States v. Angel-Leonardo, No. 05-40410 Conference Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 23, 2006, Filed
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United States v. Arce-Gonzalez, No. 05-40795 Conference Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 23, 2006, Filed
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Overview: Fifth Circuit's holding in Garcia-Mendez that a prior Texas conviction for burglary of a habitation was conviction for a crime of violence under USSG § 2L1.2(b)(1)(A)(ii) was correctly applied to defendant's sentence; defendant's argument that the Fifth Circuit in Garcia-Mendez did not properly apply categorical analysis of Taylor was unavailing.

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United States v. Arreaga-Lopez, No. 05-40898 Conference Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 23, 2006, Filed
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United States v. Avila-Trujillo, No. 05-40014 Conference Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 23, 2006, Filed
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Overview: Increase in sentence based on prior convictions did not violate Sixth Amendment under Booker. Sentence was enhanced based solely on defendant's prior state convictions for aggravated assault; there was no requirement that prior criminal history be alleged in indictment and either admitted by defendant or proven to jury beyond reasonable doubt.

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United States v. Banegas-Hernandez, No. 05-40597 Conference Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 23, 2006, Filed
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United States v. Betancourt-Cruz, No. 04-41500 Conference Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 23, 2006, Filed
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Overview: In a very brief order, the court affirmed defendant's 57-month sentence for illegal reentry into the U.S. following deportation; the fact that defendant's sentence fell at the bottom of the range calculated under the U.S. Sentencing Guidelines Manual did not, by itself, establish that the trial court's Booker error affected defendant's sentence.

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United States v. Betancourt-Ochoa, No. 05-41006 Conference Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 23, 2006, Filed
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United States v. Cano-Rodriguez, No. 05-40925 Conference Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 23, 2006, Filed
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