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   Federal Courts - 9th Circuit Court of Appeals - January 19, 2006

  
United States v. Powell, No. 04-35667, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 19, 2006, Filed
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United States v. Reyes-Junes, No. 04-50527, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 19, 2006, Filed
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United States v. Roalsen, No. 04-30332, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 19, 2006, Filed
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United States v. Virgen-Ruelas, No. 05-10030, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 19, 2006, Filed
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United States v. Virrueta, No. 03-50161, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 19, 2006, Filed
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Overview: Court affirmed defendant's 120-month sentence for possession with intent to distribute methamphetamine in violation of 21 U.S.C.S. § 841(a)(l). Defendant was sentenced to a statutory minimum sentence under § 841(b)(l)(A), so a remand for resentencing due to Booker error was not necessary; resentencing could not result in a different sentence.

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United States v. Wei Jun Chen, No. 04-10141, No. 04-10164, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 19, 2006, Filed
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United States v. Zanghi, No. 05-50643, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 19, 2006, Filed
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Vazquez v. Gonzales, No. 04-71610, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 19, 2006, Filed
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Overview: Where alien testified that he returned to Mexico briefly to visit his ailing mother and that, upon his attempted reentry into the U.S., he was stopped, fingerprinted, and allowed to return to Mexico, alien's "turn-around" at the border did not constitute a break in his continuous presence in the U.S. for purposes of 8 U.S.C.S. § 1229b(b)(1)(A).

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Velarde-Arambula v. Gonzales, No. 04-70277, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 19, 2006, Filed
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Overview: Where the court could not tell whether alien's contacts with immigration officials were "turn-arounds" rather than "administrative voluntary departures"--a distinction critical to finding that there was break in alien's continuous physical presence in U.S.--the court remanded for further proceedings alien's application for cancellation of removal.

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Villescas v. Hernandez, No. 04-55900, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 19, 2006, Filed
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Overview: Exclusion of evidence that a gun found during an inmate's arrest was planted did not violate due process and warrant habeas relief because its probative value was outweighed by the danger of confusion and it would have bolstered identical trial testimony, making it extremely unlikely that its exclusion had an injurious effect on the verdict.

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