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| United States v. Castaneda, No. 05-40581 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 23, 2006, Filed
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Overview: Sentence was affirmed, where defendant asserted that he was entitled to resentencing under Booker because the district court made factual findings that led to enhancement of the applicable guideline range. Defendant's contention that the district court was precluded from enhancing his sentence based on judge-found facts was untenable.
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| United States v. Castro-Guzman, No. 04-41431 Conference Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 23, 2006, Filed
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| United States v. Chirinos-Torres, No. 05-40867 Conference Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 23, 2006, Filed
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| United States v. Cisneros-Jimenez, No. 04-41386 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 23, 2006, Filed
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Overview: Defendant's conviction for violating 8 U.S.C.S. § 1326(a) and (b) was affirmed, but his sentence was vacated, and the case was remanded because he preserved his Fanfan error claim, and the government could not show that the district court's sentence under a mandatory application of the USSG was harmless.
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| United States v. Corado, No. 05-40378 Conference Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 23, 2006, Filed
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| United States v. Costly-Reyes, No. 04-20927 Conference Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 23, 2006, Filed
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Overview: Defendant's appeal of sentence was dismissed. Because record showed defendant knowingly and voluntarily waived his right to appeal any sentence that did not exceed statutory maximum or was not upward departure from sentencing guidelines, Fed. R. Crim. P. 11(b)(1)(N), waiver provision was effective and barred defendant from challenging his sentence.
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| United States v. Cotton, No. 05-10773 Conference Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 23, 2006, Filed
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| United States v. Council, No. 04-41575 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 23, 2006, Filed
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Overview: Though enhancement of defendant's sentence based on his career offender status did not implicate Sixth Amendment through Booker, Government conceded that it could not establish beyond a reasonable doubt that error in sentencing defendant pursuant to a mandatory sentencing guidelines scheme was harmless; therefore, sentence was vacated and remanded.
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| United States v. Cruz-Alvarado, No. 04-41587 Conference Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 23, 2006, Filed
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