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| United States v. Lares-Niebla, No. 05-50894 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, March 6, 2006, Filed
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Overview: District court did not err in denying a minor-role adjustment under U.S. Sentencing Guidelines Manual § 3B1.2; even if defendant had no proprietary interest in 47 kilograms of marijuana found secreted in truck he was driving, defendant's involvement in the offense was not minor, particularly considering large quantity of marijuana he was carrying.
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| United States v. Lopez-Nino, No. 04-41309 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, March 6, 2006, Filed
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Overview: Defendant was entitled to resentencing because the district court's "Fanfan" error in sentencing him pursuant to a mandatory guidelines scheme was not harmless when there was no indication in the record that it would have imposed the same sentence had the guidelines been advisory.
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| United States v. Ramirez-Viruete, No. 04-50484 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, March 6, 2006, Filed
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Overview: Although under Booker, a district court's sentencing of defendant under mandatory U.S.S.G. constituted error that was plain, defendant was unable to point to any indication in the record that there was a probability that the sentencing judge would have sentenced him differently under an advisory U.S.S.G. scheme.
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| United States v. Ramos, No. 05-10684 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, March 6, 2006, Filed
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Overview: A district court in a conspiracy trial did not abuse its discretion in excluding, as irrelevant and cumulative, the government's motion to dismiss codefendant, who had a relatively minor role in the offense and whose dismissal did not make it more or less probable that defendant, who acted as the methamphetamine supplier, was innocent.
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| United States v. Robles-Vertiz, No. 04-50585 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, March 6, 2006, Filed
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Overview: Inmate was not improperly sentenced for violation of 8 U.S.C.S. § 1326(a) because there was no indication in the record that the sentencing court would have reached a significantly different result if it had sentenced the inmate under an advisory U.S. Sentencing Guidelines scheme rather than a mandatory one.
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| United States v. Vasquez-Sanchez, No. 04-40393 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, March 6, 2006, Filed
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Overview: District court did not clearly err when it applied the U.S.S.G. § 3B1.1(b) enhancement where the record reflected that defendant was a partner in the drug trafficking organization, and was responsible for transporting loads of narcotics smuggled from Mexico to the organization's stash houses in Laredo, Texas.
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| United States v. Zuniga-Peralta, No. 04-50575,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, March 6, 2006, Filed
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Overview: Defendant's sentence for illegal reentry into the United States after deportation was affirmed because the 60-month sentence, which was nearly double the initial sentencing range, was not abusive given the facts of the case, and the district court's written statement of reasons fulfilled the specificity requirement of 18 U.S.C.S. § 3553(c).
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| United States v. Zuniga-Zuniga, No. 04-41722 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, March 6, 2006, Filed
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