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   Federal Courts - 5th Circuit Court of Appeals - February 27, 2006

  
United States v. Gonzalez-Mendoza, No. 04-41277 Summary Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 27, 2006, Filed
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Overview: Sentence was vacated, where district court committed "Fanfan" error by sentencing defendant pursuant to mandatory application of sentencing guidelines. Government failed to carry its burden of showing beyond a reasonable doubt that the error did not affect defendant's sentence.

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United States v. Hernandez-Lozano, No. 04-41004 Summary Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 27, 2006, Filed
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United States v. Lomas, No. 04-41325 Summary Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 27, 2006, Filed
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United States v. Qualls, No. 05-50303, Cons. w/ 05-50305, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 27, 2006, Filed
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United States v. Ramirez, No. 05-10712, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 27, 2006, Filed
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United States v. Razsi, No. 05-40433 Summary Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 27, 2006, Filed
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Overview: A district court's application of a five-level increase to defendant's base offense level pursuant to USSG § 2A2.2(b)(3)(B) because another inmate sustained serious bodily injury was not clearly erroneous where, inter alia, as a result of his injuries and pain, the inmate received medical treatment, was hospitalized, and was on a liquid diet.

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United States v. Reyes, No. 05-40737 Summary Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 27, 2006, Filed
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United States v. Reyes-Pachon, No. 04-50895 Summary Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 27, 2006, Filed
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Overview: Case was remanded for district court to decide whether resentencing was appropriate where district court committed "Fanfan error" when it sentenced defendant pursuant to a mandatory guideline system, and U.S. had not met its burden of demonstrating that district court would have imposed the same sentence absent its mandatory application of USSG.

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United States v. Thompson, No. 05-10124 Summary Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 27, 2006, Filed
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