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| United States v. Chan-Astorga, No. 06-50162,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 14, 2007, Filed
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Overview: When defendant did not show that termination of probation amounted to invalidation of probation that would warrant removal of two criminal history points for committing crime while on probation, termination did not erase points. Thus, he properly was found ineligible for safety valve relief under 18 U.S.C.S. § 3553(f)(1) due to criminal history.
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| United States v. Hernandez, No. 05-50920,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 14, 2007, Filed
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Overview: Admission of testimony on defendant's silence violated U.S. Const. amend. V but was harmless; refusal to instruct on lesser included offense was fatal to conviction for possession with intent to distribute under 21 U.S.C.S. § 841(a)(1) but not to convictions under 21 U.S.C.S. §§ 952, 960. Booker did not render 18 U.S.C.S. § 3553(f) advisory.
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| United States v. Lopez-Mundo, No. 06-50237, No. 06-50259,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 14, 2007, Filed
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Overview: Defendant's sentence for violation of 8 U.S.C.S. § 1326 was affirmed because his assertion that a reinstatement order of deportation could not satisfy the removal requirement of § 1326(b) had previously been rejected and the court properly used the sentencing guideline range as the starting point for determining the sentence.
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| United States v. Menjivar-Amaya, No. 05-50925,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 14, 2007, Filed
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Overview: Defendant's original counsel's decision to inform him of the worst case scenario under the highest criminal history category did not constitute "gross mischaracterization" of the possible consequences of a guilty plea for the purpose of deciding whether to allow the withdrawal of a guilty plea under Fed. R. Crim. P. 11(d)(2)(B).
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| United States v. Padilla, No. 06-30320,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 14, 2007, Filed
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Overview: District court did not err in denying government's motion to depart downward from USSG, and resulting 30-month sentence on conviction relating to illegal re-entry into U.S. was not unreasonable. It was within district court's discretion to determine that defendant, who have been deported more than once, was not entitled to downward departure.
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| Yalter v. Endocare, Inc., No. 05-55085,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 14, 2007, Filed
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Overview: Turkish corporation was not acting as California corporation's independent contractor under Cal. Lab. Code § 3353 with respect to task of instructing doctors regarding use of stent device because Turkish corporation did not render service of instructing doctors on use of stent device for specified recompense under California corporation's control.
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