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| United States v. Jimenez-Ortega, No. 06-50007,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 5, 2007, Filed
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Overview: When district court enhanced sentence for obstruction of justice under USSG § 3C1.1 after finding that defendant testified untruthfully without making finding as to materiality, matter was remanded to district court for resentencing. Materiality of false statement was a factual predicate of obstruction enhancement to be decided by trier of fact.
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| United States v. Leong, No. 05-10377, No. 05-10465,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 5, 2007, Filed
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Overview: Admission of audio-taped conversations between defendant and witness did not violate Sixth Amendment's Confrontation Clause because recorded statements were not hearsay when they were offered only to help jury understand comments that defendant made during his conversation with the witness. Confrontation Clause only applied to testimonial hearsay.
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| United States v. Torres, No. 06-30306,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 5, 2007, Filed
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Overview: Denial of motion to suppress was affirmed because defendant was not overborne when he led officers to the guns, but rather that he was responding to the suggestion of his girlfriend that he cooperate and because defendant used the firearm in connection with a felony assault, the district court correctly applied the four-level enhancement.
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| United States v. Weathers, No. 05-30494, No. 05-30521,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 5, 2007, Filed
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Overview: Sufficient evidence supported defendant husband's conviction of income tax evasion and failure to file tax returns under 26 U.S.C.S. §§ 7201 and 7203. He filed tax returns and paid taxes for 26 years before refusing to file tax returns beginning in 1997; thus, a reasonable jury could have found beyond reasonable doubt that his actions were willful.
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| Zi-Xing Lin v. Gonzales, No. 04-73860,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 5, 2007, Filed
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Overview: While 8 C.F.R. § 1003.23 may been intended to preclude aliens in the petitioner's situation from filing motions to reopen their completed removal proceedings, the language of the regulation did not unambiguously support this result. The court could not affirm the denial of the petitioner's motion to reopen on that ground.
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