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| Islam v. Gonzales, No. 05-60703,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, March 9, 2006, Filed
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Overview: Alien could not seem to remember from one telling to the next when important incidents occurred. Also, the fact that he returned to his country at least three times did not show a very high level of concern that the alleged persecution would happen again. Denial of withholding of removal under 8 U.S.C.S. § 1158 was affirmed.
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| United States v. Bell, No. 05-50532 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, March 9, 2006, Filed
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Overview: Defendant's sentence was affirmed because he had not shown that the district court's drug quantity determination was clearly erroneous or that the district court's enhancement of his sentence based on his firearm possession was based on a misapplication of the U.S. Sentencing Guidelines or was unreasonable.
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| United States v. Cruz, No. 04-40958 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, March 9, 2006, Filed
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Overview: Defendant's conviction for being present in the United States following deportation was affirmed, but his sentence was vacated because the district court committed a Fanfan error by applying the USSG as mandatory, and there was no evidence that the district court would have imposed the same sentence had the USSG been advisory.
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| United States v. Gallegos-Alvarado, No. 05-50661 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, March 9, 2006, Filed
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Overview: Defendant's conviction for violating 21 U.S.C.S. §§ 846 and 841(a)(1) was affirmed because there was sufficient evidence to support the conviction.
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| United States v. Gutierrez, No. 04-41678 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, March 9, 2006, Filed
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| United States v. Mendez, No. 05-50320,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, March 9, 2006, Filed
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| United States v. Smith, No. 05-30079,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, March 9, 2006, Filed
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Overview: Defendant's sentence was affirmed because, even though the district court committed Booker error by applying the USSG as mandatory, the government showed beyond a reasonable doubt that the district court would have imposed the same sentence applying the USSG as advisory. The Booker error was harmless.
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