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Court of Appeals for the Fifth Circuit Court Cases
Agustin Pineda-Arrellano ("Pineda") appeals his guilty plea conviction and sentence for illegal reentry. Pineda argues that the felony and aggravated felony provisions of 8 U.S.C. § 1326(b)(1) and (b)(2) are unconstitutional in light of Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), because the courts treat a defendant's prior felony conviction as a statutory ground for a sentencing enhancement rather than as an element of the offense, which, pursuant to the [...]
Court: Court of Appeals for the Fifth Circuit Docket: 06-41156
Pedro Gomez-Herrera pleaded guilty to one count of illegal reentry following removal pursuant to 8 U.S.C. § 1326. In this appeal, he argues primarily that Kimbrough v. United States, ___ U.S. ___, 128 S.Ct. 558, 169 L.Ed.2d 481 (2007), requires that this court vacate his sentence and remand his case for resentencing in light of that decision. For the following reasons, we disagree and affirm.
Court: Court of Appeals for the Fifth Circuit Docket: 07-10153
United States v. Duarte (2009)After he was apprehended on March 15, 2008, near El Paso, within a few days of wading across the Rio Grande into Texas, Jorge Heriberto Duarte, a Mexican national, pled guilty to illegal reentry on June 19, 2008, and on August 29 he received a sentence of forty-six months' imprisonment, at the low end of the range advised under the federal sentencing guidelines. A previous drug felony, which led to a brief prison term and then removal in May 2007, dramatically increased Duarte's sentencing [...]
Court: Court of Appeals for the Fifth Circuit Docket: 08-50902
Corando Campos-Maldonado (Campos) pleaded guilty to one count of unlawful reentry, in violation of 8 U.S.C. § 1326. The district court sentenced him to 57 months in prison, within the guidelines range. Campos now appeals.
Court: Court of Appeals for the Fifth Circuit Docket: 07-20715
United States v. Smith (2006)
Smith challenges his non-Guideline sentence of sixty months imprisonment. He argues that the district court's sentence based on his criminal history and parole status was unreasonable under United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). For the reasons set forth below, we find that the court's sentence was reasonable.
Court: Court of Appeals for the Fifth Circuit Docket: 05-30313
United States v. Cooks (2009)
Vernon Cooks, Jr. ("Cooks") appeals his conviction and sentence for seven counts of wire fraud, one count of bank fraud, and six counts of money laundering. Finding no reversible error in his conviction and sentence, we affirm.
Court: Court of Appeals for the Fifth Circuit Docket: 07-11151
In 1990, Jose Evaristo Reyes-Requena was convicted in the Southern District of Texas ("Southern District") of possession with intent to distribute cocaine, in violation of 21 U.S.C. 841, and use of a firearm during the commission of a drug-trafficking offense, in violation of 18 U.S.C. 924(c)(1). His convictions were affirmed on direct appeal. See United States v. Reyes-Requena, 940 F.2d 655 (5th Cir. 1991) (unpublished). In 1995, he filed a pro se 28 U.S.C. 2255 motion in the [...]
Court: Court of Appeals for the Fifth Circuit Docket: 99-41254
Defendant-Appellant Fortino Saucedo Villegas pled guilty and was sentenced in the district court before the United States Supreme Court's recent decision in United States v. Booker, ___ U.S. ___, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). This appeal requires us to re-examine the proper standard of review to employ in our resolution of a claim that the district court improperly applied the Sentencing Guidelines in calculating the sentencing range under the previously mandatory, now advisory, [...]
Court: Court of Appeals for the Fifth Circuit Docket: 03-21220
United States v. Cantwell (2006)Crystal Charlene Cantwell was convicted of one count of conspiracy to manufacture methamphetamine and one count of aiding and abetting the possession of pseudoephedrine with the intent to manufacture methamphetamine. She now appeals her conviction, arguing insufficiency of the evidence and ineffective assistance of counsel at trial. The government contends that her appeal is untimely because Cantwell failed to file her notice of appeal within ten days of entry of the judgment. We reject [...]
Court: Court of Appeals for the Fifth Circuit Docket: 05-41027
In this habeas case, we must determine whether a sentence of life imprisonment without parole is unconstitutionally disproportionate for one sentenced as an habitual offender on a record of convictions for burglary, armed robbery, and prison escape. For the reasons set forth below, we do not find the sentence to be unconstitutionally disproportionate and affirm the judgment of the district court denying the petition.
Court: Court of Appeals for the Fifth Circuit Docket: 90-7055
Appellants were members of a marijuana smuggling organization which called itself the "Black Tuna" enterprise. The Black Tuna group imported on a massive scale. According to statements by one appellant, during the period from October 1976 to shortly after September 1977, one of the four years covered by the indictment, the Black Tuna group successfully imported into the United States over one million pounds of marijuana.
Court: Court of Appeals for the Fifth Circuit Docket: 80-5320
In this Jones Act death case the decedent's mother, Mrs. Eva Fontenot, sought to intervene in the District Court claiming that she, not an alleged daughter, was the exclusive beneficiary. Mrs. Fontenot now seeks review of that Court's judgment denying intervention on the ground that the daughter, not the mother, was the sole claimant.1 The contest here is limited to determining which of these is the statutory claimant.
Court: Court of Appeals for the Fifth Circuit Docket: 26902_1
Edward Charles Varnado has had hip problems since 1967, well before his incarceration in the Texas Department of Criminal Justice, Institutional Division. He has had several operations. A prosthetic device was implanted in his hip at John Sealy Hospital in Galveston in 1985 during his incarceration. He was discharged from John Sealy and returned to his unit two months after the surgery. For 16 months after his return to the unit, Varnado was served his meals in the unit infirmary so [...]
Court: Court of Appeals for the Fifth Circuit Docket: 90-2684
This civil rights complaint by a prisoner inexorably directs our consideration of questions of court administration and the scope of one of the provisions of the Magistrates Act, 28 U.S.C. Sec. 636(b)(1). Norman R. Spears invoked 42 U.S.C. Sec. 1983 and filed a pro se complaint against the director and several employees of the Texas Department of Corrections, alleging that he had been subjected to cruel and unusual punishment by being required to perform work beyond his physical [...]
Court: Court of Appeals for the Fifth Circuit Docket: 83-2623
This Court must examine the basis of its jurisdiction, on its own motion, if necessary. Thompson v. Betts, 754 F.2d 1243, 1245 (5th Cir.1985). An examination of this case discloses no effective notice of appeal.
Court: Court of Appeals for the Fifth Circuit Docket: 86-1832
IT IS ORDERED that the petition for rehearing filed by the plaintiffs-appellants in the above entitled and numbered cause is hereby DENIED and, no member of this panel or judge in regular active service on the court having requested that the court be polled on rehearing en banc (Federal Rule of Appellate Procedure 35; Local Fifth Circuit Rule 16), the petition for rehearing en banc filed by the plaintiffs-appellants is DENIED. The petitions for rehearing filed by the defendants-appellees [...]
Court: Court of Appeals for the Fifth Circuit Docket: 79-1058
In this pro se civil rights suit, brought under 42 U.S.C. § 1983 (Supp. III 1979), the plaintiff, Ulmer, a former prisoner in the jail of Jones County, Mississippi, alleges that unsanitary conditions and inadequate facilities at the jail, including lack of medical treatment and facilities for exercise, deprived him of his federal constitutional rights. He seeks compensatory and punitive damages from the Sheriff of Jones County and from members of the county Board of Supervisors, [...]
Court: Court of Appeals for the Fifth Circuit Docket: 82-4007
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 98-60488 Summary Calendar MILTON LEE LEVERETTE, Plaintiff-Appellant, VERSUS LOUISVILLE LADDER COMPANY, Defendant-Appellee. Appeal from the United States District Court [...]
Court: Court of Appeals for the Fifth Circuit Docket: 98-60488
Soadjede v. Ashcroft (2003)
William Clark Minick, Thomas Ward Hussey, Director, Terri Jane Scadron, U.S. Dept. of Justice, Civ. Div., Imm. Lit., Washington, DC, Caryl G. Thompson, U.S. INS, Dist. Directors Office, Attn: Joe A. Aguilar, New Orleans, LA, for Respondent.
Court: Court of Appeals for the Fifth Circuit Docket: 02-60314
Before POLITZ, Chief Judge, and KING, GARWOOD, JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, DUHE, WIENER, BARKSDALE, DeMOSS, BENAVIDES, STEWART, PARKER and DENNIS, Circuit Judges.*
Court: Court of Appeals for the Fifth Circuit Docket: 95-50007