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| United States v. Martinez-Rodriguez, No. 05-50719,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 3, 2007, Amended
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Overview: Evidence of prior deportations was properly admitted under Fed. R. Evid. 403, 404(b) in trial under 8 U.S.C.S. § 1326(a). Sentence was properly imposed under § 1326(b)(2) and U.S. Sentencing Guidelines Manual § 2L1.2(b); there was no Apprendi violation, and Cal. Health & Safety Code § 11359 categorically qualified as "drug trafficking offense."
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| United States v. Martinez-Rodriguez, No. 05-50719,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 3, 2007, Decided
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| United States v. Seal A, No. 05-50258,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 3, 2007, Filed
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| United States v. Segal, No. 05-10658,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 3, 2007, Filed
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Overview: Denial of suppress motion was affirmed because agents knew that defendant had transferred a number of firearms to the storage facility at some unspecified time after he became a felon, which created probable cause that defendant had either possessed or transported these firearms after he had become a felon, in violation of 18 U.S.C.S. § 922(g)(1).
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| United States v. Silva, No. 05-50871,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 3, 2007, Filed
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Overview: Defendant had no due process or Fed. R. Crim. P. 32 right to allocute during limited Ameline remand from sentencing appeal; district court judge properly followed Ameline procedure by evaluating the record, considering the views of counsel, and concluding that he would have chosen the same sentence under discretionary Sentencing Guidelines regime.
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