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| Turtle Island Restoration Network v. United States DOC, No. 05-15035,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 21, 2006, Filed
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Overview: Environmental groups' challenge was dismissed as untimely because the groups' challenges were directed to the regulations that reopened the swordfish fishery. Therefore, the 30-day time limit under 16 U.S.C.S. § 1855(f) of the Magnuson-Stevens Fishery Conservation and Management Act of 1976 (Magnuson Act), 16 U.S.C.S. § 1801 et seq., applied.
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| United States v. Coleman, No. 04-30297, No. 04-30309,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 21, 2006, Filed
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Overview: District court improperly enhanced defendant's sentence when it attributed a drug quantity to him that he did not admit to in his plea agreement and that was not proven to a jury beyond a reasonable doubt. Because he was sentenced under mandatory sentencing guidelines, this judge-made finding of fact violated his Sixth Amendment rights.
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| United States v. Cunningham, No. 05-10029,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 21, 2006, Filed
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| United States v. De La Garza, No. 05-50093,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 21, 2006, Filed
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| United States v. Garcia-Rodriguez, No. 05-50100,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 21, 2006, Filed
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| United States v. Griffin, No. 05-30030,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 21, 2006, Filed
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Overview: Denial of motion to suppress was affirmed because a full search of defendant after his lawful custodial arrest was an exception to the warrant requirement of the Fourth Amendment and the warrant to search his truck was based on probable cause because of the glass pipe found on defendant that contained a white residue.
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| United States v. Lopez-Perera, No. 05-50102,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 21, 2006, Filed
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Overview: Defendant's motion for judgment of acquittal on an 18 U.S.C.S. § 922(g)(5)(A) charge (being an alien illegally in U.S. in possession of firearm) should have been granted. As he was arrested at the port of entry and was never free from official restraint, he never "entered" the U.S. and thus could not have been illegally in the U.S.
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| United States v. Pasion, No. 05-10075,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 21, 2006, Filed
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| United States v. Tiscareno, No. 04-30527,
UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT, February 21, 2006, Filed
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