Cases

MEMORANDUM ** Hector Montejano-Franco appeals from the 46-month sentence imposed following his guilty-plea conviction for illegal re-entry after deportation, in violation of 8 U.S.C. § 1326(a). We have jurisdiction under 28 U.S.C. § 1291, and we affirm. Montejano-Franco contends that the district court erred at sentencing by: (1) unreasonably rejecting his arguments for a “fast track” d

ORDER This is a direct appeal from a criminal judgment and commitment order in which counsel for the defendant moves to withdraw representation. This case has been referred to a panel of the court pursuant to Rule 34(j)(l), Rules of the Sixth Circuit. Upon examination, this panel unanimously agrees that oral argument is not needed. Fed. R.App. P. 34(a). In 2001, Mexican citizen Guadalupe Montejano-Leon was

PER CURIAM: * Appealing the Judgment in a Criminal Case, Jose Manuel Torres-Montejano raises arguments that are foreclosed by Almendarez-Torres v. United States, 523 U.S. 224, 235, 118 S.Ct. 1219, 140 L.Ed.2d 850 (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.

397 Submitted October 19, 2020, affirmed February 18, 2021 STATE OF OREGON, Plaintiff-Respondent, v. MIGUEL FERNANDO GARCIA-MONTEJANO, Defendant-Appellant. Jackson County Circuit Court 18CR58264; A169308 481 P3d 1028 Lorenzo A. Mejia, Judge. Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Anne Fujit

Schultheis, C.J. ¶1 The felony riot statute provides, “A person is guilty ... if, acting with three or more other persons, he or she knowingly and unlawfully uses or threatens to use force, or in any way participates in the use of such force, against any other person or against property” and “the actor is armed with a deadly weapon.” RCW 9A.84.010(1), (2)(b). The sole issue on appeal is whether the crime can be committed by com

COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS § SERGIO RENE MONTEJANO, No. 08-12-00235-CR § Appellant, Appeal from the § v.

196 P.3d 1083 (2008) STATE of Washington, Respondent, v. Michael J. MONTEJANO, Appellant. No. 26805-5-III. Court of Appeals of Washington, Division 3. December 11, 2008. David L. Donnan, Oliver Ross Davis, Washington Appellate Project, Seattle, WA, for Appellant. Carole Louise Highland, Teresa Jeanne Chen, Grant County Prosecutor's Office, Ephrata, WA, for Re

*641 ROVNER, Circuit Judge. After Damon Rucker physically attacked a co-who had testified against him at his sentencing on a narcotics conviction, Ruck-er was charged with and convicted of witness retaliation, in violation of 18 U.S.C. § 1513(b). The district court ordered him to serve a prison term of tw

In the United States Court of Appeals For the Seventh Circuit No. 13-2760 UNITED STATES OF AMERICA, Plaintiff-Appellee, v. DAMON RUCKER, Defendant-Appellant. Appeal from the United States District Court for the Northern District of Illinois, Western Division. No. 13 CR 50005 —

GRUENDER, Circuit Judge. Amado Correa-Santos pleaded guilty to conspiracy to distribute methamphetamine, in violation of 21 U.S.C. §§ 841(a)(1) and 846. After vacating his original sentence, the district court 1 sentenced him to 240 months’ imprisonment. Correa-Santos now appeals. We affirm. In

596 F.3d 1017 (2010) UNITED STATES of America, Plaintiff-Appellee, v. Emilio REYES-BOSQUE, aka Emilio Varela, Jose Luis Ramirez-Esqueda, Defendants-Appellants. Nos. 08-50253, 08-50330. United States Court of Appeals, Ninth Circuit. Argued and Submitted November 3, 2009. Filed March 1, 2010. *1020 Holly A. Sulliva

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA,  Nos. 08-50253; Plaintiff-Appellee, 08-50330 v. D.C. Nos. EMILIO REYES-BOSQUE, aka Emilio  3:05-cr-02239- BEN-1; Varela, JOSE LUIS RAMIREZ- ESQUEDA, 3:05-cr-0

OPINION NOONAN, Circuit Judge: Lorena Chavez appeals the district court’s order of forfeiture of the lottery winnings owed to Rafael Quiroz-Monteja-no. Chavez contends that Quiroz, her husband, had transferred his interest in the winnings to her prior to the order of forfeiture. We hold that, pursuant to 21 U.S.C. § 853, the property was properly held

CAVANAH, District Judge. The case is brought under the Declaratory Judgment Act, 28 U.S.C.A. § 400, to test the constitutionality of certain provisions of an Act of the State known as “The Idaho Barber Law” and the right of the plaintiff to engage in the business of barbering. It is submitted upon the pleadings which consist of a complaint and answer and a stipulation of facts. The provisions of the Act which

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE United States of America v. Criminal No. 21-cr-014-LM Opinion No. 2021 DNH 187 P Alfredo Manuel Pires AKA Fred Michael Pires ORDER A grand jury indicted Alfredo Pires on one count of making false statements, 18 U.S.C. § 1001(a)(2), and one c

OPINION RENFREW, District Judge: In 1966 and 1967, appellants Zerilli and Polizzi acquired hidden interests in Vegas Frontier, Inc. (VFI), a Nevada corporation, which leased and operated the Frontier Hotel in Las Vegas, Nevada. VFI was also licensed to conduct gambling at the hotel, which opened in July of 1967. Neither Zerilli nor Polizzi was licensed by the Nevada gaming authorities, nor was either man’

500 F.2d 856 UNITED STATES of America, Plaintiff-Appellee,v.Michael Santo POLIZZI, Defendant-Appellant.UNITED STATES of America, plaintiff-Appellee,v.Jack S. SHAPIRO, Defendant-Appellant.UNITED STATES of America, Plaintiff-Appellee,v.Peter James BELLANCA, Defendant-Appellant.UNITED STATES of America, Plaintiff-Appellee,v.Anthony GIARDANO, Defendant-Appellant.UNITED STATES of America, Plaintiff-Appelle

336 F.2d 844 UNITED STATES of Americav.Harold KONIGSBERG (Appellant in 14563), Joseph Juliano(Appellant in 14565), John Joseph Zax (Appellantin 14566), Joseph Celso (Appellant in14567) andJoseph Nalewajka(Appellant in 14564). Nos. 14563-14567. United States Court of Appeals Third Circuit. Argued June 16, 1964.Decided Aug. 13, 1964, Rehearing Denie

McLAUGHLIN, Circuit Judge. Appellants Konigsberg, Nalewajka, Ju-liano and Celso were indicted, tried and convicted of unlawful possession of goods stolen from interstate commerce in violation of Title 18 U.S.C. § 659. Appellant Zax was indicted, tried and convicted of unlawful concealment of goods valued in excess of $5,000 which had been stolen from interstate commerce, in violation of 18 U.S.C. § 2315. App

OPINION Opinion by Justice Lang This is an insurance coverage case. Appellees Calitex Corporation; Elshir Enterprises, L.P.; and Thomas, L.P. (collectively, “Calitex”) filed this lawsuit against appellant Dallas National Insurance Company (“DNIC”) seeking, in part, a declaration that DNIC owes a duty to indemnify Calitex respecting a ju