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| Shukurov v. Gonzales, No. 04-75000,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 13, 2006, Filed
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Overview: Where alien's motion to reopen included declaration that he missed his hearing because his attorney misinformed him about when hearing was being held, IJ and BIA erred by denying alien's motion to reopen removal proceedings conducted in absentia; ineffective assistance of counsel was "exceptional circumstance" that supported motion to reopen.
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| Tizoc v. Gonzales, No. 04-71612,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 13, 2006, Filed
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| United States v. Cantrell, No. 03-30562, No. 03-30563, No. 03-30565, No. 03-30567, No. 03-30568, No. 04-30026, No. 04-30028,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 13, 2006, Filed
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Overview: Because it was not possible to tell if the sentence of the defendant who asserted Booker error would have been different under advisory guidelines, resentencing was ordered; the sentences of four other defendants were affirmed as there was no error in the drug quantities attributed to them or in the district court's refusals to grant departures.
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| United States v. Castillo, No. 04-50207,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 13, 2006, Filed
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| United States v. Cornejo-Tovar, No. 04-30458,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 13, 2006, Filed
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| United States v. Crespo-Jimenez, No. 04-50377,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 13, 2006, Filed
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| United States v. Dejanu, No. 03-10463, No. 04-10497,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 13, 2006, Filed
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Overview: District court did not commit instructional error by using a "reasonable bank" standard when defining materiality in a prosecution for, inter alia, bank fraud. District court also did not err by rejecting a proposed instruction that was not supported by the law, particularly where it did charge the jury on the defense's theory of the case.
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| United States v. Figueroa, No. 04-10683,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 13, 2006, Filed
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Overview: Defendant's motion to suppress a gun seized from his apartment when police responded to a 911 call indicating a domestic disturbance was properly denied because the police officers conducted a permissible warrantless search under the emergency doctrine.
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| United States v. Juan-Sebastian, No. 04-30413,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 13, 2006, Filed
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