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   Federal Courts - 5th Circuit Court of Appeals - March 2, 2007

  
Assurity Life Ins. Co. v. Grogan, No. 05-51609, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, March 2, 2007, Filed
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Overview: Husband's life insurance policy never went into effect as he failed to satisfy condition precedent clearly stating that policy did not go into effect until first premium was paid during his continued good health, and husband made first payment one year after seeking treatment for lump that was diagnosed as cancer one month after making payment.

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Schilling v. Baggett, No. 06-20009 Summary Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, March 2, 2007, Filed
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Sec. Alarm Fin. Enters. v. Green, No. 06-30332, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, March 2, 2007, Filed
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Overview: Judgment holding that non-competition agreement between two corporations was void under La. Rev. Stat. Ann. § 23:921 due to lack of geographic and time limitations was vacated; § 23:921 did not encompass agreements by independent two corporations on equal footing, and district court did not consider whether the corporations were on equal footing.

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United States v. Dilley, No. 05-30869, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, March 2, 2007, Filed
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Overview: Defendant's conviction on two drug charges and a firearm charge was affirmed because the district did not err in denying his motion to suppress evidence found in his storage unit; defendant's consent to search was voluntary, and a reasonable officer would have believed that defendant had authority to consent to a search.

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United States v. Hernandez-Pineda, No. 04-41746 Summary Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, March 2, 2007, Filed
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Overview: Defendant knowingly and voluntarily waived his right to appeal district court's denial of a downward sentencing departure for defendant's alleged minimal participation in conspiring to possess and distribute heroin where defendant stated that he understood waiver and voluntarily agreed to it and waiver was read to defendant in his native Spanish.

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United States v. Jackson, No. 04-20600, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, March 2, 2007, Filed
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Overview: One defendant's conviction for health-care fraud was reversed because the evidence was insufficient to support the conviction for violating 18 U.S.C.S. § 1347, and another defendant's sentence was affirmed since he failed to show that the mandatory application of the USSG affected his substantial rights.

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United States v. Landeros-Bolanos, No. 05-40961 Summary Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, March 2, 2007, Filed
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United States v. Nealy, No. 05-50940, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, March 2, 2007, Filed
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Overview: Government presented sufficient evidence to support defendant's 21 U.S.C.S. §§ 841(a)(1), 860(a), convictions. A reasonable jury could infer, based on the quantity of drugs found on defendant's person, drugs found along defendant's flight path, and defendant's possession of "drug ledger," that he both possessed cocaine base and intended to sell it.

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United States v. Tugulale, No. 05-20273 Summary Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, March 2, 2007, Filed
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United States v. Vazquez-Gutierrez, No. 06-30198 Summary Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, March 2, 2007, Filed
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