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| Singh v. Gonzales, No. 04-75981,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 22, 2007, Filed
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Overview: Substantial evidence supported the denial of asylum, withholding of removal, and CAT relief based upon an adverse credibility determination when an IJ found numerous material disparities between the alien's asylum application and his testimony and the IJ found the alien's testimony to be insufficiently detailed compared to his asylum application.
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| United States v. Aukai, No. 04-10226,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 22, 2007, Filed
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| United States v. Castillo, No. 05-30401,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 22, 2007, Filed
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| United States v. Doan, No. 06-10182,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 22, 2007, Filed
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Overview: Officers had a reasonable suspicion that defendant may have been armed and presently dangerous and thus could frisk him under the Fourth Amendment because, inter alia, he had made several furtive movements during a traffic stop and he had been in the presence of the driver, whom the officers arrested pursuant to a warrant.
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| United States v. Mercado, No. 05-50624, No. 05-50860,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 22, 2007, Filed
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Overview: A trial court did not err in sentencing defendants for conspiracy to violate RICO, 18 U.S.C.S. §§ 1961-1968, in violation of 18 U.S.C.S. § 1962(d), and a narcotics trafficking offense, in violation of 21 U.S.C.S. § 846, by considering conduct underlying acquitted charges because precedent allowing it to do so was not abrogated by U.S. v. Booker.
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| United States v. Perez-Jimenez, No. 05-50843,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 22, 2007, Filed
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Overview: Excluding the prior felony convictions over 10 years old under Fed. R. Evid. 609(b) of a prison assault victim and excluding other impeachment evidence did not violate the Confrontation Clause of the Sixth Amendment as the jury had sufficient information to appraise the biases and motivations of the witness.
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| United States v. Stockton, No. 06-30168,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 22, 2007, Filed
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Overview: Because appellate court could not discern from record whether district judge considered psychiatric report that revealed that defendant had an estimated IQ of 79, which indicated significantly below-average intelligence when it sentenced defendant, appellate court vacated the sentence and remanded to provide the opportunity to consider the report.
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| United States v. Thomas, No. 05-50948,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 22, 2007, Filed
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Overview: District court properly determined that defendant was a career offender under U.S. Sentencing Guidelines Manual § 4A1.2 when it treated defendant's two prior robbery convictions as related. Each robbery was given a separate docket number, there was no former consolidation order, and defendant received different sentences for each conviction.
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| Vu v. Gonzales, No. 04-70937, No. 05-75174,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 22, 2007, Filed
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Overview: Appellate court was persuaded that representation provided by alien's first two lawyers rose to the level of ineffective assistance because their mistakes prevented the alien from reasonably presenting his case. Because the BIA committed an abuse of discretion in rejected the alien's first motion to reopen, the appellate court remanded the issue.
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