Cases

KAYATTA, Circuit Judge. *723 In March 2017, a jury convicted Joel Saldaña-Rivera ("Saldaña") under 18 U.S.C. § 2422 (b) of attempted coercion and enticement of a

ORDER AFFIRMING THE MAGISTRATE JUDGE’S IDENTITY FINDING AND LIFTING THE STAY OF REMOVAL ROGER T. BENITEZ, District Judge. This is an appeal from a Magistrate Judge’s identity determination and order of transfer. For the following reasons, the Magistrate Judge’s identity determination is affirmed and the stay of the order to transfer the defendant is lifted. BACKGROUND

PER CURIAM: * Appealing the judgment in a criminal case, Juan Manuel Saldana-Tovar raises an argument that he concedes is foreclosed by United States v. Betancourt, 586 F.3d 303, 308-09 (5th Cir.2009), which held that knowledge of drug type and quantity is not an element of the offense under 21 U.S.C. § 841. The appellant’s motion for summary disposition is GRANTED, and the judgment of t

United States Court of Appeals Fifth Circuit IN THE UNITED STATES COURT OF APPEALS FILED FOR THE FIFTH CIRCUIT August 18, 2005 Charles R. Fulbruge III

United States Court of Appeals Fifth Circuit F I L E D REVISED OCTOBER 26, 2005 September 30, 2005 IN THE UNITED STATES COURT OF APPEALS Charles R. Fulbruge III

MEMORANDUM ** Abel Saldana appeals the sentence imposed following his guilty plea to two counts of distribution of a controlled substance in violation of 21 U.S.C. § 841(a)(1) and (b)(l)(A)(iii). We decline to entertain on direct appeal Saldana’s claim that he received ineffective assistance of counsel because the record is insufficiently developed to permit review and it is not obvious

MEMORANDUM ** Jose Guadalupe Saldana-Beltran appeals his jury conviction for being a deported alien found in the United States, in violation of 8 U.S.C. § 1326. He raises two issues on appeal: (1) that the district court erred by rejecting his proposed jury instruction relating to the “official restraint” doctrine; and (2) that the district court enhanced his sentence under § 1326(b) in violation of Appr

PER CURIAM: * Appealing the Judgment in a Criminal Case, Juan Luis Saldana-Guerrero raises arguments that are foreclosed by United States v. Garcia-Mendez, 420 F.3d 454, 457 (5th Cir.2005), cert. denied, — U.S. -, 126 S.Ct. 1398, 164 L.Ed.2d 100 (2006), which held that a Texas conviction for burglary of a habitation was equivalent to burglary of a dwelling and therefore was a cr

MEMORANDUM ** Demetrio Saldana-Lopez appeals the sentence imposed following his guilty plea to being a deported alien found in the United States in violation of 8 U.S.C. § 1326. Saldana-Lopez contends that in applying a 16-level adjustment under U.S.S.G. § 2L1.2(b)(A)(ii), the district court committed error under Shepard v. United States, 544 U.S. 13, 125 S.Ct. 1254, 161 L.Ed.2

MEMORANDUM** Sergio Saldana appeals his jury conviction and consequent 24-month sentence imposed for importing two kilograms of marijuana, in violation of 21 U.S.C. §§ 952 and 960, and possession of marijuana with intent to distribute, in violation of 21 U.S.C. § 841(a)(1). We have jurisdiction pursuant to 28 U.S.C. § 1291. We affirm. Saldana contends that the district court erred by exc

MEMORANDUM ** Nicolas A. Saldana appeals the district court’s denial of his motion to suppress and raises an Apprendi challenge to the constitutionality of 21 U.S.C. § 841. Because we conclude that Officer Carrera lacked reasonable suspicion to stop Salda-na on the basis of lane straddling or driving under the influence, we reverse the district court’s denial of Saldana’s motion to suppress.

PER CURIAM: * Roel Saldana-Silva appeals the sentence imposed following his guilty plea conviction of being found in the United States after deportation/removal in violation of 8 U.S.C. § 1326. Saldana-Silva contends that the “felony” and “aggravated felony” provisions of 8 U.S.C. § 1326(b)(1) and (2) are unconstitutional. He therefore argues that his conviction must be reduced to one under the l

MEMORANDUM ** Jose Saldana-Rangel appeals the 66-month sentence imposed following his guilty plea to illegal re-entry of a deported alien in violation of 8 U.S.C. § 1326(a). Saldana-Rangel contends that his sentence should be limited to two years under Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), because the indictment did not charge him with, nor did he admit, the

REVISED - September 13, 2001 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _____________________ No. 99-51199 _____________________ UNITED STATES OF AMERICA Plaintiff - Appellee v. MOISES CHAPA-GARZA, also known as Moises Garza, also known as Moises Garza Chapa, also known as Moises G Chapa, also known as Moises Chapa D

MEMORANDUM2 Jesus Saldana-Mendoza appeals his 57-month sentence imposed following his guilty plea conviction for being an alien found in the United States following deportation, in violation of 8 U.S.C. § 1326. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm. Saldana-Mendoza contends that his 57-month sentence was imposed in violation of Apprendi v. New Jersey,

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 99-51199 UNITED STATES OF AMERICA, Plaintiff-Appellee, versus MOISES CHAPA-GARZA, also known as Moises Garza, also known as Moises Garza Chapa, also known as Moises G Chapa, also known as Moises Chapa, Defendant-Appellant. No. 00-50049 UNITED STATES O

BOUDIN, Circuit Judge. Modesto Saldana appeals to contest his prison sentence. He argues that delay in prosecuting him caused prejudice that should have been offset by a downward departure. The government, as usual, says that a refusal to depart is not reviewable and, in any event, was not error. The merits of the case are straightforward; what is more difficult is to bring some

USCA1 Opinion UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT ____________________ No. 96-1371 UNITED STATES OF AMERICA, Appellee, v.

41 F.3d 663 U.S.v.Saldana** NO. 94-60440United States Court of Appeals,Fifth Circuit. Nov 17, 1994 1 Appeal From: S.D.Miss., No. 4:93-CR-21-B-S 2 REVERSED.

47 F.3d 427 U.S.v.Saldana** NO. 94-60440 United States Court of Appeals,Fifth Circuit. Jan 27, 1995 1 Appeal From: S.D.Miss., No. 4:93-CR-21-B-S; Appealing after remand 41 F.3d 663