Cases

This opinion is subject to administrative correction before final disposition. Before MONAHAN, STEPHENS, and DEERWESTER Appellate Military Judges _________________________ UNITED STATES Appellee v. Mogesner NOEL Corporal (E-4), U.S. Marine Corps

United States Navy–Marine Corps Court of Criminal Appeals _________________________ UNITED STATES Appellee v. Dominique L. NOEL Sergeant (E-5), U.S. Marine Corps Appellant No. 201800270 Appeal from the United States Navy-Marine Corps

Case: 17-30829 Document: 00515519132 Page: 1 Date Filed: 08/07/2020 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED No. 17-30829

W. EUGENE DAVIS, Circuit Judge: The question presented in this case is whether a conviction under the Texas aggravated robbery statute, Texas Penal Code § 29.03, qualifies as a “violent felony” under the Armed Career Criminal Act (“ACCA”), 18 U.S.C. § 924(e). Concluding that the statute is divisible, and that the crime for which appellant, Noel Lerma, was

PER CURIAM: After Defendant Noel Hernandez pled guilty to theft of government funds, in violation of 18 U.S.C. § 641, the government moved the district court for entry of a forfeiture money judgment of $117,659, the amount of loss sustained by the Social Security Administration as a result of Hernandez’s offense. In its motion, th

EASTERBROOK, Chief Judge, concurring. Although the court holds that the district judge committed plain error by failing to “address the defendant personally” about allocution, as Fed.R.Crim.P. 32(i)(4)(A)(ii) requires, it also declines to reverse, because it is very unlikely that the gaffe affected the outcome. The judge twice invited allocution (though when speaking to counsel rather than Noel), and in resp

WILLIAM K. SESSIONS III, District Judge. Noel Davila appeals from a judgment of conviction entered in the United States District Court for the District of Connecticut (Ellen Bree Burns, Judge). Following a jury trial, Davila was found guilty of threatening to use a weapon of mass destruction and delivering a threat to injure through the U.S. mail. The charges stemmed from a hoax

OPINION OF THE COURT SMITH, Circuit Judge. Appellant Noel Abrogar pleaded guilty to a one-count Information charging him with failing to keep an accurate “oil record book” in violation of 33 U.S.C. § 1908(a), part of the legislation implementing an international anti-pollution treaty to which the United States is a signatory. On appeal, Abrogar challenge

KANNE, Circuit Judge. Mexican national Noel Santiago-Ochoa was convicted of reentering the United States without permission after he was removed following conviction for an aggravated felony. See 8 U.S.C. § 1326(a). The district court sentenced him to 77 months’ incarceration and 3 years’ supervised release. Santiago-Ochoa now renews the due process challenge

[PUBLISH] CORRECTED OPINION IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT FILED ________________________ U.S. COURT OF APPEALS ELEVENTH CIRCUIT April 13, 2005

ON PETITION FOR PANEL REHEARING Before TJOFLAT, DUBINA and MARCUS, Circuit Judges. CORRECTED OPINION MARCUS, Circuit Judge: The panel’s opinion in this case issued on January 10, 2005. The mandate was withheld pursuant to a request by an active judge. A

United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 01-3938 ___________ United States of America, * * Appellant, * * Appeal from the United States v. * District Court for the

23 F.3d 397 U.S.v.Noel NO. 93-1581 United States Court of Appeals,Second Circuit. Apr 29, 1994 1 Appeal From: E.D.N.Y. 2 AFFIRMED.

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

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

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

132 F.3d 48 U.S.v.Noel C. Alvarado NO. 94-5150 United States Court of Appeals,Eleventh Circuit. Dec 01, 1997 S.D.Fla., 122 F.3d 1077 1 DENIALS OF REHEARING EN BANC.

MESKILL, Circuit Judge: This is an appeal from a judgment of conviction entered on June 8, 1992, after a jury trial, in the United States District Court for the Eastern District of New York, Dearie, J., convicting Noel Hernandez of conspiracy to possess cocaine with intent to distribute in violation of 21 U.S.C. § 846 and knowing and intentional possession of

KRAUSE, Circuit Judge. Chief among several questions presented by this criminal appeal is what showing a defendant must make to warrant an evidentiary hearing when moving for a new trial on the ground of newly discovered evidence of juror misconduct. We are also called upon to consider the extent to which the Confrontation Clause entitles a defendant to cross-examine government witness

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