Cases

762 F.2d 942 19 Fed. R. Evid. Serv. 1510 UNITED STATES of America, Plaintiff-Appellee,v.Jose Mari PADILLA-MARTINEZ, Jose Rodrigues-Martinez, CarlosAlfonso Beltran-Busto, Narciso Padilla-Martinez, Jose FernyMejia-Hoyos, Apolinar Garcia Blan-Quisett, AdelmoArroyo-Padilla, Alfonso Cardenas-Montilla, Jose DeloresEnrique-Teran, Alfonso Javier Meza-Barrios and EladioMoreno-Sanchez, Defendants-Appel

ALLGOOD, District Judge: Appellants, Jose Mari Padilla-Martinez, Jose Rodrigues-Martinez, Carlos Alfonso Beltran-Busto, Narciso Padilla-Martinez, Jose Ferny Mejia-Hoyos, Apolinar Garcia Blan-Quisett, Adelmo Arroyo-Padilla, Alfonso Cardenas-Montilla, Jose Delores Enrique-Teran, Alfonso Javier Meza-Barrios and Eladio Moreno-Sanchez, were convicted in the United States District Court for the Southern District of Alabama on ch

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

*828 OPINION GOULD, Circuit Judge: Jesus Padilla-Martinez seeks review of a series of decisions by the Board of Immigration Appeals (“BIA”) culminating in the BIA’s conclusion that his prior state-law drug offense qualified as an aggravated felony under 8 U.S.C. §§ 1101(a)(43)(B),

C. A. 2d Cir. Certiorari denied. Reported below: 552 F. 2d 435.

CLARK, Associate Justice: Appellants appeal 1 from an order of the United States District Court for the Southern District of New York entered on May 24, 1976, denying a motion for their release from incarceration during trial, which is now in progress. Appellants claim that they are entitled to release pursuant to 18

SEYMOUR, Circuit Judge. Defendant Ortiz-Lazaro pled guilty to illegal reentry after deportation in violation of 18 U.S.C. § 1326 (a)(1) and (b)(1), and he admitted that he violated the supervised release terms of his prior illegal reentry charge. He appeals

PROST, Chief Judge. Plaintiffs-Appellants Salma Acevedo et al. (“Appellants”) allege that the United States violated 5 U.S.C. § 5928 by refusing to provide them with danger pay allowances. The Court of Federal Claims (“Claims Court”) held that it lacked jurisdiction over the case because § 5928 and its implementing regulations are not money-mandating, as requ

UNSEALED MEMORANDUM OPINION AND ORDER 1 JAMES O. BROWNING, District Judge. THIS MATTER comes before the Court on: (i) Plaintiff United States’ Sealed Motion for Downward Departure, filed August 16, 2012 (Doc. 146)(ex parte)(“Down-ward Departure Motion”); (ii) Defendant Kevin Nolfs Sealed. Sentencing Memorandum, filed October 25, 2012 (Doc. 149)(“First Nolf Brief’);

*1132 MEMORANDUM OPINION AND ORDER JAMES 0. BROWNING, District Judge. THIS MATTER comes before the Court on the Defendants’ Joint Motion to Compel Specific Discovery, filed August 30, 2013 (Doc. 334) (“Motion”). The Court held a hearing on April 17, 2014. The primary issue is whether the Court should compel Plaintiff United States of Am

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

779 F.Supp.2d 1242 (2011) UNITED STATES of America, Plaintiff, v. Richard Anthony McKENZIE, Defendant. No. CR 08-1669 JB. United States District Court, D. New Mexico. April 8, 2011. *1243 Alonzo J. Padilla, Federal Public Defender, Robert R. Cooper, Albuquerque, NM, for Defendant. Robert R. Cooper, Albuquerque, NM, for Def

PER CURIAM: In this appeal we consider whether the United States District Court for the Southern District of New York (William H. Pauley, III, Judge) plainly erred by sentencing defendant-appellant Hemenegildo Padilla Alvarado (“Padilla”) to, inter alia, a three-year term of supervised release even though Section 5Dl.l(c) of the United States Sentencing Guide

PER CURIAM: * The Federal Public Defender appointed to represent Ruben Sosa-Balderama (Sosa) has moved for leave to withdraw and has filed a brief in accordance with Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), and United States v. Flores, 632 F.3d 229 (5th Cir.2011). Sosa has not filed a response. We have reviewed counsel’s brief and the relevant po

PER CURIAM: * Appealing the Judgment in a Criminal Case, Oscar Padilla-Torres 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. The Government’s motion for summary affirmance is GRANTED, and the judgment of

PER CURIAM: * Jesus Padilla-Gomez (Padilla) appeals the sentence he received for illegally reentering the United States after deportation, in violation of 8 U.S.C. § 1826. Padilla argues that the district court misapplied the Sentencing Guidelines by characterizing each of his prior state felony convictions for possession of controlled substances as “aggravated felonies” for purposes of U.S.S.G.

PER CURIAM: * Appealing the Judgment in a Criminal Case, Anarbol Padilla-Calvo raises arguments that are foreclosed by AlmendarezTorres v. United States, 523 U.S. 224, 235, 118 S.Ct. 1219, 140 L.Ed.2d 350 (1998), which held that a prior conviction is a sentencing factor under 8 U.S.C. § 1326(b)(2) and not a separate criminal offense. The Government’s motion for summary affirmance is GRANTE

MEMORANDUM OPINION AND ORDER GRANTING WITNESS ETTALINE PERRY’S MOTION FOR PROTECTIVE ORDER GARCIA, Chief United States Magistrate Judge. This matter comes before the Court on Witness Ettaline Perry’s Motion for Protective Order [Doc. 124], Plaintiff Terry Pfeifer 1 opposes the motion and filed a Response [Doc. 143]. Defendants take no position on the motion, but the

C. A. 5th Cir. Certiorari denied.

AMENDED MEMORANDUM OPINION AND ORDER DENYING REQUEST FOR DISCLOSURE OF PRESEN-TENCE REPORT 1 GARCIA, Chief United States Magistrate Judge. THIS MATTER is before the Court on an Unopposed Motion for Disclosure of Presen-tence Report [Doc. 131], filed herein by Plaintiff Terry Pfeifer (referred to hereinafter as “Plaintiffs,” in keeping with movant’s nomenclat