Cases

675 F.3d 832 (2012) UNITED STATES of America, Plaintiff-Appellee, v. Jose Miguel ESCALANTE-REYES, Defendant-Appellant. No. 11-40632. United States Court of Appeals, Fifth Circuit. March 22, 2012. Eileen K. Wilson, Renata Ann Gowie, Asst. U.S. Atty., Houston, TX, for Plaintiff-Appellee. Marjorie A. Meyers, Fed. Pub. Def., Timothy William Crooks, H. Michael Sok

ORDER Reynaldo Escalante-Velazquez and a co-defendant sold two kilograms of cocaine to an informant. He pleaded guilty to conspiracy to possess with intent to distribute and, because the amount of cocaine was at least 500 grams, faced a presumptive statutory minimum of 5 years in prison. See 21 U.S.C. §§ 846, 841(a)(1), (b)(l)(B)(ii). In his plea agreement Escalante-Velazquez *584</

MEMORANDUM ** Mario Jesus Escalante-Pereyra appeals from his jury-trial conviction and sentence of time served for unlawful reentry by a deported alien, in violation of 8 U.S.C. § 1326. Pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Escalante-Pereyra’s counsel has filed a brief stating there are no grounds for relief, along with a motion t

BERZON, Circuit Judge, concurring. I concur in the disposition, except that I do not believe the circumstances permitted a lawful “protective sweep.” There was no basis whatever for believing that any confederate of Escalante’s was in the house. Had there been no actual gunshot, only the threat of one, there would have been no valid basis for police entry into the house. Under the emergency doctrine,

PER CURIAM: * Jesus Escalante-Alonzo appeals the sentence imposed following his guilty plea conviction of being found in the United States after deportation/removal in violation of 8 U.S.C. § 1326. Escalante-Alonzo complains that his sentence was improperly enhanced pursuant to 8 U.S.C. § 1326(b) based on a prior conviction. He argues that the sentencing provision is unconstitutional. Escalante-A

OPINION PER CURIAM. Rodolfo Julian Escalante-Martinez pled guilty to producing false United States Social Security cards, in violation of 18 U.S.C. § 1028(a) (2000), and possession of unauthorized material to produce resident alien cards and alien employment authorization cards, in violation of 18 U.S.C.A. § 1546(a) (West Supp.2003). The district court sentenced him to thirty months in prison. Under the term

CARL E. STEWART, Circuit Judge, dissenting: I agree with the majority that Mississippi’s careless driving statute is constitutional. However, on the issue of probable cause, I respectfully dissent. When reviewing a suppression ruling, we view the evidence in the light most favorable to the prevailing party, and we accept the factual findings of the district court unless they are clearly err

MEMORANDUM *** Leonsio Escalante-Betaneourt (hereinafter “Defendant”) appeals the forty-six (46) month sentence imposed following his guilty plea for reentry of a deported alien pursuant to 8 U.S.C. § 1326. The district court had jurisdiction pursuant to 18 U.S.C. § 3231. We have jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. § 3742(a). We affirm.

47 F.3d 429 U.S.v.Escalante-Zerpa* NO. 93-4296 United States Court of Appeals,Eleventh Circuit. Jan 26, 1995 1 Appeal From: S.D.Fla., No. 92-00550-CR-JWK 2

JENNIFER WALKER ELROD, Circuit Judge: *397 Johnny Escalante failed to register as a sex offender when he travelled to Texas. The district court concluded that his prior Utah conviction for unlawful sexual activity with a minor classified him as a tier II sex offender, and he was sentenced ba

United States Court of Appeals For the Eighth Circuit ___________________________ No. 18-3033 ___________________________ United States of America lllllllllllllllllllllPlaintiff - Appellee v. Jose Escalante, also known as Jesus Escalante, also known as Junior

Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

Petition for writ of certiorari to the United States Court of Appeals for the Fifth Circuit denied.

C. A. 9th Cir. Certiorari denied.

REVISED AUGUST 13, 2012 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED No. 11-40632 July

539 F.2d 719 U. S.v.Escalante No. 76-1000 United States Court of Appeals, Ninth Circuit 7/2/76 1 E.D.Cal. AFFIRMED

HAYNES, Circuit Judge, joined by E. GRADY JOLLY, W. EUGENE DAVIS, CARL E. STEWART, DENNIS, PRADO, JENNIFER WALKER ELROD, LESLIE H. SOUTHWICK, GRAVES and HIGGINSON, Circuit Judges: In this case we answer the following question: whether, when the law at the time of trial or plea is unsettled, but becomes clear1 while the case is pending on appeal, review for the second prong of the “plain error” test properly

568 F.2d 1366 U. S.v.Escalante*** No. 77-5446 United States Court of Appeals, Fifth Circuit 2/9/78 1 N.D.Tex. AFFIRMED

Petition for writ of certiorari to the Supreme Court of Arizona denied.

300 F.Supp.2d 1155 (2004) UNITED STATES of America, Plaintiff, v. Oscar Felix CARRAZCO-ESCALANTE, Defendant. No. CR-02-0409 MV. United States District Court, D. New Mexico. January 21, 2004. *1156 Alfred Perez, Las Cruces, NM, for Plaintiff. James Maus, El Paso, NM, for Defendant. MEMORANDUM OPINION AND