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

  
United States v. Rodriguez, No. 05-20731 Summary Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, March 5, 2007, Filed
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Overview: A district court's dismissal, as untimely, of a pro se inmate's 2005 Fed. R. Crim. P. 41(g) motion for the return of property, which was treated by the appellate court as a 28 U.S.C.S. § 1331 action, was affirmed since the inmate was aware, as of 1989 and 1992, of the lack of notice that any forfeiture had been initiated as to the property.

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United States v. Salinas, No. 05-10964, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, March 5, 2007, Filed
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Overview: No plain error arose from references at trial to defendant's post-arrest, pre-Miranda silence. There was sufficient evidence that defendant knowingly possessed two handguns that were found in a vehicle defendant was driving to convict him of possession of a firearm by a convicted felon in violation of 18 U.S.C.S. §§ 922(g)(1) and 924(a)(2).

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Zeleke v. Gonzales, No. 05-61088 Summary Calendar, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, March 5, 2007, Filed
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Overview: Alien's petition for review was denied because alien's argument that government neglect could explain inconsistencies in his story was contradicted by his claims at hearing and in his affidavit, and his failure to call his sister as witness who could corroborate alien's claims of persecution suffered by his family undermined his credibility.

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