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   Federal Courts - 5th Circuit Court of Appeals - March 1, 2006

  
United States v. Rodriguez, No. 05-40009 Summary Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, March 1, 2006, Filed
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Overview: Defendant's controlled substance conviction was affirmed because the evidence was sufficient to support it, but her sentence was vacated, and the case was remanded since the district court erred in applying the USSG as mandatory, and the government did not show that the error was harmless beyond a reasonable doubt.

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United States v. Rowan, No. 05-30536, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, March 1, 2006, Filed
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United States v. Toledo-Vides, No. 04-41034 Summary Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, March 1, 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 the case was remanded because the district court erred in applying the USSG as mandatory, and the government failed to carry its burden of showing that the error was harmless beyond a reasonable doubt.

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United States v. Wetlesen, No. 04-51107 Summary Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, March 1, 2006, Filed
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Unity Communs. Corp. v. Bellsouth Cellular, No. 04-61132, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, March 1, 2006, Filed
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Wampold v. E. Eric Guirard & Assocs., No. 04-31000, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, March 1, 2006, Filed
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Overview: A district court's grant of summary judgment in favor of a client was affirmed because the term "gross proceeds of recovery" in two contingency fee agreements did not include the client's future, post-judgment monthly disability benefits.

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Xcaliber Int'l Ltd. LLC v. Foti, No. 05-30323, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, March 1, 2006, Filed
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Overview: In a case challenging the constitutionality of La. Rev. Stat. Ann. § 13:5063C(2)(6), as amended, the district court's decision to grant the Louisiana Attorney General's Fed. R. Civ. P. 12(b)(6) motion to dismiss was vacated and remanded because the district court erred.

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