Cases

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.

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

Case: 20-20094 Document: 00516699213 Page: 1 Date Filed: 04/03/2023 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit ____________ FILED April 3, 2023

Appellate Case: 20-7008 Document: 010110726427 Date Filed: 08/18/2022 Page: 1 FILED United States Court of Appeals PUBLISH Tenth Circuit UNITED STATES COURT OF APPEALS August 18, 2022

Case: 20-50609 Document: 00515971704 Page: 1 Date Filed: 08/10/2021 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED August 10,

PATRICK E. HIGGINBOTHAM, Circuit Judge: Sherrie Bennett was convicted of one count of conspiracy to distribute a controlled substance, ten counts of distributing or dispensing a controlled substance, and three counts of bankruptcy fraud. Ms. Bennett appeals, urging error by the district court and the prosecutor. Finding no reversible error, we affirm.

MEMORANDUM OPINION AND ORDER RUBÉN CASTILLO, Chief Judge. Presently before the Court is Petitioner Stephen Susinka’s pro se motion to reconsider this Court’s order denying his petition to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255. (R. 10, Pet’r’s Mot.) For the reasons set forth below, Petitioner’s motion is denied, and this case is dismissed with prejudice.</

LIPEZ, Circuit Judge. Appellant David Mensah successfully negotiated the complexities of United States immigration law twice: first, to be *792 come a naturalized citizen under his own name and, second, to obtain a diversity visa under the false name Willberforce Ap-piah. His success, however, was s

PRISCILLA R. OWEN, Circuit Judge: This case reaches our court for the second time. In the prior appeal, another panel of this court reversed the district court’s judgment of acquittal at the conclusion of James William Smith’s trial. Our court held that the evidence was legally sufficient tq support the jury’s guilty verdict. 1

*334 PATRICK E. HIGGINBOTHAM, Circuit Judge: IT IS ORDERED that the petitions for panel rehearing and the petitions for rehearing en banc are DENIED.' We WITHDRAW Part II.B of the opinion previously-filed on December 11, 2015, and SUBSTITUTE the following amended opinion. Thomas Wi

*331 JERRY E. SMITH, Circuit Judge: Trevin Rounds was found guilty by a jury of being in possession of child pornography in violation of 18 U.S.C. § 2252(a)(4) (Count One) and using a facility of interstate commerce to persuade, induce, entice, or coerce a juvenile to engage in sexual activity in violatio

PATRICK E. HIGGINBOTHAM, Circuit Judge: Thomas William Malone, Jr. and Drew T. Green pleaded guilty to one count of conspiracy to distribute and possess with the intent to distribute AM-2201, a controlled substance analogue, in violation of 21 U.S.C. §§ 846, 841(b)(1)(c), 813, 802(32)(A). The district court sentenced them both to 117 months of imprisonment followed by three year

W. EUGENE DAVIS, Circuit Judge: Carlos Constantino Bonilla (“Bonilla”) pleaded guilty to being unlawfully present in the United States after deportation, in violation of 8 U.S.C. § 1326. The district court sentenced Bonilla to serve forty-one months in prison, followed by a three-year term of supervised release. Bonilla contends that the district court erred in adjusting his base offense level upward based upon his prior convi

608 F.3d 305 (2010) UNITED STATES of America, Plaintiff-Appellee, v. German ANDINO-ORTEGA, Defendant-Appellant. No. 09-40498. United States Court of Appeals, Fifth Circuit. June 8, 2010. *307 Carmen Castillo Mitchell, James Lee Turner, Asst. U.S. Attorneys, Sherri Lynn Zack, Asst. U.S. Atty. (argued), Houston, TX, for Plaintiff-A

KING, Chief Judge: Defendant-Appellant Carlos Alfredo Al-faro pled guilty to being knowingly and unlawfully present in the United States following deportation, in violation of 8 U.S.C. § 1326, 6 U.S.C. § 202, and 6 U.S.C. § 557. At sentencing, the district court increased his offense level by sixteen points pursuant to United States Sentencing Guidelines (“U.S.S.G.”) § 2L1.2(b)(l)

BENAVIDES, Circuit Judge: Jorge Gomez-Gomez was convicted by a jury of illegal reentry into the United States after deportation in violation of 8 U.S.C. § 1326(a) and (b). At sentencing, the district judge imposed a sixteen-level “crime of violence” enhancement pursuant to U.S.S.G. § 2L1.2(b)(l)(A)(ii) based on Gomez-Gomez’s 1991 rape conviction in California. Gomez-Gomez objected to the enhancement, arguing that his convictio

WIENER, Circuit Judge: This consolidated appeal involves six defendants, each of whom challenges his sentence. All of the sentences were imposed by the same district judge. Defendant-Appellants Omar Mejia-Huerta, Anastacio Pantoja-Arellano, Jose Andres Dehuma-Suarez, and Antonio Cruz-Martinez were convicted of illegal re-entry after deportation, in violation of 8 U.S.C. § 1326.

437 F.Supp.2d 1180 (2006) UNITED STATES of America, Plaintiff, v. Sac Yarik Francisco VARGAS-ISLAS, Defendant. No. 05-40094-0S-SAC. United States District Court, D. Kansas. June 5, 2006. *1181 David P. Zabel, Office of United States Attorney, Topeka, KS, for Plaintiff. Mary K. Savage, Joseph & Hollander, P.A., Topeka,

United States Court of Appeals Fifth Circuit F I L E D REVISED AUGUST 10, 2006 July 14, 2006 UNITED STATES COURT OF APPEALS For the Fifth Circuit

PER CURIAM: * Pursuant to a written agreement, Juan Carlos Vargas-Vasquez pleaded guilty to illegal reentry after removal from the United States in violation of 8 U.S.C. § 1326(a), (b)(2). He appeals his conviction and sentence of 77 months of imprisonment. Vargas-Vasquez argues that the district court violated his due process rights, as well as 18 U.S.C. § 4244, when it failed t