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   Federal Courts - 9th Circuit Court of Appeals - January 18, 2006

  
United States v. Robison, No. 05-35281, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 18, 2006, Filed
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United States v. Ruiz, No. 05-50554, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 18, 2006, Filed
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Overview: Ninth Circuit precedent precluded defendant's arguments that retroactive application of Booker to a defendant who committed her offense before that decision issued violated the ex post facto protection of the Due Process Clause and the Ex Post Facto Clause of U.S. Const. art. I, § 9.

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United States v. Runner, No. 04-30227, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 18, 2006, Filed
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United States v. Saldana-Lopez, No. 05-50483, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 18, 2006, Filed
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United States v. Serafin, No. 02-10650, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 18, 2006, Filed
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Overview: Defendant's convictions for possession and conspiracy to possess methamphetamine in violation 21 U.S.C.S. §§ 841(a)(1), (6) and 846 were supported by sufficient evidence of his connection to the drug conspiracy, including his counter-surveillance during his co-conspirator's drug transactions and his financing of one drug transaction.

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United States v. Soza-Balderama, No. 05-30069, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 18, 2006, Filed
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Overview: Court affirmed defendant's 51-month sentence for having violated 8 U.S.C.S. § 1326(a). District court systematically considered all the factors set forth in 18 U.S.C.S. § 3553(a) in setting the sentence and did not, as defendant argued, consider only the number of defendant's prior convictions.

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United States v. Tersero-Aguilar, No. 05-50437, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 18, 2006, Filed
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United States v. Willis, No. 05-30031, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 18, 2006, Filed
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Overview: Trial court properly held that police officers had probable cause to arrest defendant. Thus, court properly denied defendant's motion to suppress evidence seized as a result of the arrest; officer explained why, based on his experience, he believed a plastic bag that he saw "flying" toward him, apparently tossed by defendant, contained drugs.

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