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   Federal Courts - 9th Circuit Court of Appeals - January 23, 2007

  
United States v. Smith, No. 06-50414, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 23, 2007, Filed
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Overview: There was sufficient evidence in the record to support the district court's denial of early termination of supervised release. The factors under 18 U.S.C.S. § 3553(a) did not exclusively concern rehabilitation. Continued supervised release related to the nature of defendant's offense and his character.

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United States v. Trung Thanh Pham, No. 05-10699, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 23, 2007, Filed
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Valeriano v. Gonzales, No. 03-72277, No. 03-74754, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 23, 2007, Filed
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Overview: As there was no unavoidable conflict between simultaneously filing a motion to reopen under 8 C.F.R. § 1003.2(c)(1) and a request to file jointly under 8 C.F.R. § 1003.2(c)(3)(iii), an alien's counsel did not act diligently by delaying filing until he had received the Government's response; thus, the alien was not entitled to equitable tolling.

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