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   Federal Courts - 9th Circuit Court of Appeals - January 27, 2006

  
Ramirez v. Gonzales, No. 05-75653, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 27, 2006, Filed
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Rodriguez v. Gonzales, No. 05-71900, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 27, 2006, Filed
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Rosales v. Gonzales, No. 05-72804, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 27, 2006, Filed
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Singh v. Gonzales, No. 04-73984, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 27, 2006, Filed
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Overview: Immigration Judge properly denied application for asylum, withholding of removal, and Convention Against Torture relief filed by citizen of India; applicant's contradictory declarations in relation to alleged arrests and detention, a police raid, and arrangements to leave India were material and went to the heart of his political persecution claim.

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Sosa v. McGrath, No. 05-16456, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 27, 2006, Filed
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Stypmann v. Newsom, No. 05-16186, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 27, 2006, Filed
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United States v. Aalund, No. 05-30111, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 27, 2006, Filed
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United States v. Barut, No. 04-10360, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 27, 2006, Filed
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Overview: Court affirmed defendant's conviction for aiding and abetting a drug offense, a violation of 21 U.S.C.S. § 841(a); principal, who testified at trial, opened the door to impeachment by prior inconsistent statements, under Fed. R. Evid. 613, by testifying that he had told police that defendant was innocent.

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United States v. Button, No. 05-30230, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 27, 2006, Filed
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Overview: Based on defendant's prior difficulty in complying with supervised release conditions, district court did not err in choosing imprisonment, 18 U.S.C.S. § 3583(g), rather than continued supervised release, U.S. Sentencing Guidelines Manual § 7B1.4, following defendant's release-condition violation. Twelve-month sentence was not abuse of discretion.

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United States v. Cruzagosto, No. 04-30165, UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, January 27, 2006, Filed
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Overview: Though defendant was properly convicted under 21 U.S.C.S. §§ 841(a)(1) and 846, district court erred in sentencing him to a mandatory life prison term because term exceeded otherwise applicable statutory maximum and findings as to drug quantity attributable to defendant on which the heightened sentence was imposed did not comply with Apprendi rule.

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