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   Federal Courts - 5th Circuit Court of Appeals - March 10, 2006

  
Fuhrman v. Dretke, No. 05-50413, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, March 10, 2006, Filed
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Overview: A district court's grant of an inmate's 28 U.S.C.S. § 2254 petition was reversed, and judgment was rendered for the Texas Department of Criminal Justice (TDCJ) as the grant was barred by the law of the case doctrine and the mandate rule, and the district court did not show deference to the TDCJ's interpretation of Tex. Gov't Code Ann. § 411.148(d).

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Houston Indep. Sch. Dist. v. JJ, No. 05-20327, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, March 10, 2006, Filed
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In re Wilson, No. 04-41724, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, March 10, 2006, Filed
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Overview: Inmate's motion for authorization to file successive habeas petitions was time-barred by 28 U.S.C.S. § 2244. However, because the state two-forum rule forced the inmate into the untenable position of having to choose between two equally undesirable alternatives, the inmate's circumstances justified equitable tolling of the limitations period.

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Kaweesa v. Gonzales, No. 05-60364, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, March 10, 2006, Filed
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Overview: An alien's petition was dismissed as to her asylum claims because the court lacked jurisdiction since the BIA found those claims time barred. The petition was otherwise denied because the alien did not show that she was entitled to withholding of removal under either the INA or the CAT.

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United States v. Charon, No. 05-10360, UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, March 10, 2006, Filed
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Overview: Viewing defendant's scheme to conceal or disguise his cocaine trafficking proceeds and impede the discovery of his offense in its entirety, the district court did not clearly err in finding that defendant's conduct constituted sophisticated laundering. The district court's application of U.S. Sentencing Guidelines Manual § 2S1.1(b)(3) was affirmed.

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