Cases

PER CURIAM: After pleading guilty, Silvano Jimenez-Cardenas (hereinafter “Jimenez”) appeals his total 57-month sentence for illegal reentry, in violation of 8 U.S.C. § 1326(a), and possession of a firearm by an illegal alien, in violation of 18 U.S.C. § 922(g)(5).

PER CURIAM: * Appealing the Judgment in a Criminal Case, Jaime Jimenez-Hernandez raises arguments that are foreclosed by Almendarez-Torres v. United States, 523 U.S. 224, 235, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998), which held that 8 U.S.C. § 1326(b)(2) is a penalty provision and not a separate criminal offense. United States v. Pineda-Arrellano, 492 F.3d 624, 625 (5th Cir.2007)

*1180C. A. 6th Cir. Reported below: 100 Fed. Appx. 524; C. A. 11th Cir. Reported below: 116 Fed. Appx. 247; C. A. 5th Cir. Reported below: 104 Fed. Appx. 436; C. A. 8th Cir. Reported below: 367 F. 3d 805; *1181No. 04-7844. No

C. A. 5th Cir. Certiorari denied.

PER CURIAM: * Jaime Gonzalez-Jimenez pleaded guilty to one count of illegal reentry into the United States following deportation, and the district court sentenced him to 34 months in prison and a three-year term of supervised release. Gonzalez-Jimenez argues that the district court erred by characterizing his state felony conviction for simple possession of cocaine as an “aggravated felony” for p

ORDER Upon consideration of Kevin A. Barnes, et al.’s unopposed motion to voluntarily dismiss their appeal, IT IS ORDERED THAT: (1) The motion is granted. (2) Each side shall bear its own costs.

C. A. 5th Cir. Certiorari denied. Reported below: 71 Fed. Appx. (first judgment); 72 Fed. Appx. 986 (second judgment) and 987 (third judgment).

C. A. 5th Cir. Certiorari denied. Reported below: 71 Fed. Appx. (first judgment); 72 Fed. Appx. 986 (second judgment) and 987 (third judgment).

LINN, Circuit Judge. ORDER Kevin Barnes et al. (Barnes) notify the court that the United States Court of Federal Claims has requested that this court dismiss “the entire matter on appeal, without prejudice, and remand to this court for the purpose of addressing all outstanding matters.” We treat Barnes’ notification as a motion to remand. The United States has not responded. On

GAJARSA, Circuit Judge. ORDER The United States moves for summary affirmance of the April 30, 1998 order of the United States District Court for the Central District of California granting the United States’ motion for summary judgment. Leonardo Nery et al. oppose. Nery et al. served the United States as New Philippine Scouts during and after World War II. Nery et al. filed a civil action

FILED United States Court of Appeals Tenth Circuit PUBLISH November 10, 2020 Christopher M. Wolpert UNITED STATES COURT OF APPEALS Clerk of Court

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA, No. 23-435 D.C. No. Plaintiff - Appellee, 8:20-cr-00171- JVS-FWS-5 v. JESUS RAMIRO GOMEZ, AKA Hunter, OPINION Defendant - Appellant. Appeal

ORLANDO L. GARCIA, Chief United States District Judge On this day, the Court considered Defendant's Motion to Dismiss Indictment (docket no. 23) (the "Motion to Dismiss") and the Government's Motion to Reconsider the Court's Order Dismissing the Indictment (docket no. 31) (the "Motion to Reconsider"). After reviewing the motions and each party's original and supplemental briefing, the Court finds that the Government's Motion to Reco

PREtrial Order No. 13 Regarding Rule 404 (b), H. Cervantes’s Motions in Li-mine Nos. 10 and 11, and Larez’s Motion in Limine No. 5 Re: Dkt. Nos. 827, 838, 839 YVONNE GONZALEZ ROGERS, UNITED STATES DISTRICT COURT JUDGE Pending before the Court is Defendant Henry Cervantes’s (“H. Cervantes”) motion in limine number 10 to exclude noticed Rule 404(b) evidence (Docket No. 888), H.

DECISION AND ORDER SPATT, District Judge. On January 29, 2014, 993 F.Supp.2d 332 (E.D.N.Y.2014), the Court issued a Memorandum of Decision and Order that dismissed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2255, filed by the presently incarcerated Petitioner Ledwin Castro (the “Petitioner”) pro se, on the ground that he was denied his constitutional right to effectiv

MEMORANDUM OF DECISION AND ORDER SPATT, District Judge. The presently incarcerated Petitioner Ledwin Castro (the “Petitioner”) brings this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2255 on the ground that he was denied his constitutional right to effective assistance of counsel. For the reasons that follow, the petition is denied. I. BACKGROUND

STEPHEN A. HIGGINSON, Circuit Judge: This appeal concerns a Colombian conspiracy to import thousands of kilograms of cocaine into the United States. After a three-week trial, a jury found four defendants, appellants here, guilty of conspiring to knowingly or intentionally import five or more kilograms of cocaine into the United States in violation of 21 U.S.C. §§ 959 and 960, an

FLAUM, Circuit Judge. Based on evidence recovered during.a police search of his apartment, defendant Eric Kelly was charged with possession of crack cocaine with intent to distribute, in violation of 21 U.S.C. § 841(a)(1); possession of a firearm in furtherance of a drug trafficking crime, in violation of 18 U.S.C. § 924(c)(1)(A); and possession of a firearm by a felon, in viola

BAUER, Circuit Judge. The defendant-appellant, Aracely Gaona, entered into a plea agreement that required the Government to refrain from making a specific sentencing recommendation. Gaona contends the Government breached the plea agreement and now seeks specific performance of that agreement before a different judge. Finding that Gaona waived her objection to any breach of the p

Vacated and remanded by published opinion. Judge FLOYD wrote the opinion, in which Chief Judge TRAXLER joined. Judge WILKINSON wrote a dissenting opinion. FLOYD, Circuit Judge: Each year, thousands of immigrants are deported for illegally entering the country. But before leaving, many face a prolonged pit stop in federal prison. The 16-level sentencing e