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| United States v. King, No. 04-20896 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, March 2, 2006, Filed
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Overview: Conviction for possession with intent to distribute phencyclidine (PCP) and aiding and abetting, 21 U.S.C.S. § 841, was affirmed. Record contained direct evidence from co-defendant that he delivered eight ounces of PCP to defendant in co-defendant's car; defendant could not show co-defendant was incredible in light of extensive surveillance.
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| United States v. Lara-Viegas, No. 05-40139 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, March 2, 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 remanded for resentencing because, under the harmless error standard of review, there was no indication in the record that the district court would have imposed the same sentence had the USSG been advisory rather than mandatory.
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| United States v. Magdaleno-Sanchez, No. 05-50047 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, March 2, 2006, Filed
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Overview: Even though defendant's constitutional challenge to 8 U.S.C.S. § 1326 was foreclosed and his prior State of Washington violation was a crime of violence under U.S. Sentencing Guidelines Manual § 2L1.2, his sentence was vacated and remanded because it was not shown that the district court's Fanfan error was harmless beyond a reasonable doubt.
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| Zheng v. Gonzales, No. 04-61158 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, March 2, 2006, Filed
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Overview: IJ's credibility determination was based on substantial evidence in record. Record showed alien gave inconsistent testimony about events surrounding Chinese officials' demands that wife abort child and wife's affidavit contradicted alien's testimony; record also showed alien himself gave contradictory testimony about destruction of house.
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