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Court of Appeals for the Fifth Circuit

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United States v. Steve D. Caldwell, 99-60908 (2002)

302 F.3d 399 UNITED STATES of America, Plaintiff-Appellee, v. Steve D. CALDWELL, Defendant-Appellant. No. 99-60908. United States Court of Appeals, Fifth Circuit. August 13, 2002. COPYRIGHT MATERIAL OMITTED Richard Terrell Starrett, Asst. U.S. Atty. (argued), John Morgan Dowdy, Jr., Jackson, MS, for Plaintiff-Appellee. Julie Ann Epps (argued), Jackson, MS, Vaughn Davis, Jr., Ridgeland, MS, for Defendant-Appellant. Appeal from the United States District Court for the Southern District of...

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United States v. Caldwell, 99-60908 (2002)

REVISED SEPTEMBER 24, 2002 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _ No. 99-60908 _ UNITED STATES OF AMERICA Plaintiff - Appellee v. STEVE D CALDWELL Defendant - Appellant _ Appeal from the United States District Court for the Southern District of Mississippi _ August 13, 2002 Before KING, Chief Judge, and PARKER and CLEMENT, Circuit Judges. KING, Chief Judge: After a jury trial, Defendant-Appellant Steve Caldwell was convicted of three counts of mail fraud and one count of...

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Hutchinson v. Barnhart, 99-60834 (2002)

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 99-60834 Summary Calendar CHRISTINE T. HUTCHINSON, Plaintiff-Appellant, versus JO ANNE B. BARNHART, COMMISSIONER OF SOCIAL SECURITY, Defendant-Appellee. - Appeal from the United States District Court for the Southern District of Mississippi (1:98-CV-303-RG) - June 27, 2002 Before HIGGINBOTHAM, WIENER, AND BARKSDALE, Circuit Judges. PER CURIAM:* Plaintiff-Appellant Christine T. Hutchinson appeals the district court's judgment...

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De Lira-Rangel v. Ashcroft, 99-60766 (2002)

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 99-60766 PEDRO DE LIRA-RANGEL, Petitioner, versus JOHN ASHCROFT, U.S. ATTORNEY GENERAL, Respondent. - Petition for Review of an Order of the Board of Immigration Appeals BIA No. A08-729-328 - March 7, 2002 Before REAVLEY, WIENER, and PARKER, Circuit Judges. PER CURIAM:* Pedro De Lira-Rangel petitions for review of an order of the Board of Immigration Appeals (BIA) holding that De Lira-Rangel’s state conviction for felony driving...

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Neal v. Puckett, 99-60511 (2002)

REVISED APRIL 24, 2002 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _ No. 99-60511 _ HOWARD MONTEVILLE NEAL, Petitioner-Appellant, versus STEVE W. PUCKETT, Commissioner, Mississippi Department of Corrections; JAMES ANDERSON, Superintendent, Mississippi State Penitentiary, Respondents-Appellees. _ Appeal from the United States District Court for the Southern District of Mississippi _ March 15, 2002 Before KING, Chief Judge, JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, WIENER,...

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99-60511 (2002)

286 F.3d 230 Howard Monteville NEAL, Petitioner-Appellant, v. Steve W. PUCKETT, Commissioner, Mississippi Department of Corrections; James Anderson, Superintendent, Mississippi State Penitentiary, Respondents-Appellees. No. 99-60511. United States Court of Appeals, Fifth Circuit. March 15, 2002. COPYRIGHT MATERIAL OMITTED COPYRIGHT MATERIAL OMITTED James William Craig (argued), Phelps Dunbar, Jackson, MS, for Petitioner-Appellant. Marvin L. White, Jr.(argued), Leslie S. Lee, Asst. Atty. Gen.,...

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US Fidelity & Guarnt v. Omnibank, 99-60349 (2002)

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 99-60349 GEORGIA RAMSAY, ET AL., Plaintiffs, versus OMNIBANK, ET AL., Defendants. OMNIBANK, Defendant - Third Party Plaintiff - Appellee, versus UNITED STATES FIDELITY AND GUARANTY CO., Third Party Defendant - Appellant. Appeal from the United States District Court For the Southern District of Mississippi June 6, 2002 Before REYNALDO G. GARZA, HIGGINBOTHAM, and BENAVIDES, Circuit Judges. PER CURIAM: In this case we certified a...

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Mallard Bay Drilling v. Chao, 99-60124 (2002)

UNITED STATES COURT OF APPEALS For the Fifth Circuit No. 99-60124 MALLARD BAY DRILLING, Petitioner, VERSUS ELAINE CHAO, Secretary of Labor, U.S. Department of Labor, Respondent. Petition for Review of an Order of the Occupational Safety & Health Review Commission March 8, 2002 ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES Before POLITZ and DAVIS, Circuit Judges and RESTANI,* Judge. PER CURIAM:** The Supreme Court reversed our order vacating the Occupational Safety & Heath Administration’...

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United States v. Pastrano, 99-51201 (2002)

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 99-51201 Conference Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus APOLONIO PASTRANO, also known as Polo, Defendant-Appellant. - Appeal from the United States District Court for the Western District of Texas USDC No. SA-99-CV-380 SA-93-CR-184-2 - December 12, 2002 Before JOLLY, JONES, and CLEMENT, Circuit Judges. PER CURIAM:* Apolonio Pastrano, federal prisoner # 65249-080, is appealing the district court’s denial of...

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United States v. Govea-Flores, 99-51194 (2002)

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 99-51194 Summary Calendar UNITED STATES OF AMERICA, Plaintiff-Appellee, versus ISAIAS GOVEA-FLORES, Defendant-Appellant. - Appeal from the United States District Court for the Western District of Texas USDC No. 4:99-CR-252-1 - November 13, 2002 Before JONES, STEWART, and DENNIS, Circuit Judges. PER CURIAM:* Isaias Govea-Flores appeals from his conviction of transporting aliens. He contends solely that the evidence was insufficient...

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United States v. Spruill, 99-50827 (2002)

292 F.3d 207 UNITED STATES of America, Plaintiff-Appellee, v. Brian Scott SPRUILL, Defendant-Appellant. No. 99-50827. Summary Calendar. United States Court of Appeals, Fifth Circuit. May 15, 2002. Joseph H. Gay, Jr., Asst. U.S. Atty., Angela S. Raba, San Antonio, TX, for Plaintiff-Appellee. Evers Jason Leach, Odessa, TX, for Defendant-Appellant. Appeal from the United States District Court for the Western District of Texas. Before GARWOOD, BARKSDALE and DEMOSS, Circuit Judges. GARWOOD, Circuit...

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United States v. Gomez, 99-50279 (2002)

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _ No. 99-50279 _ UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JESSE “CHANGO” GOMEZ, JR., also known as Changito Gomez; PETE CARRION; REMIGIO “TITO” GOMEZ; ROBERT “ROBE” HERRERA, also known as Rove Herrera, Jr.; JUAN “JON JON” JOHNS; MARTIN “PANCAKE” ORTEGON; ROBERT “BEAVER” PEREZ; VICTOR “TITO” PENA; MICHAEL PEREZ; LOUIS “BIG LOU” MORALES, Defendants-Appellants. _ Appeal from the United States District Court for the Western...

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United States v. Solis, 99-41490 (2002)

Revised August 6, 2002 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 99-41490 UNITED STATES OF AMERICA, Plaintiff-Appellee, versus JOSE CLEOTIDE SOLIS, also known as Little Cocho; ECLISERIO MARTINEZ GARCIA; SALVADOR PINEDA CONTRERAS, also known as Chino; FRANCISCO FAVELA, also known as Jr, also known as Big Jr, also known as Dreamer; ALFONZO MEZA; ARTURO MEZA, also known as Jr; HILARIO MERLAN SOLIS, also known as Cocho; AURELIO MENDEZ; JOSE ALBERTO MEZA, also known as Beefy,...

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United States v. Moreno, 99-41426 (2002)

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _ No. 99-41426 _ UNITED STATES OF AMERICA, Plaintiff-Appellee, versus MANUEL MORENO, JR., Defendant-Appellant. _ Appeal from the United States District Court for the Eastern District of Texas 1:99-CR-29-ALL _ January 2, 2002 Before GARWOOD and WIENER, Circuit Judges and VANCE,* District Judge. PER CURIAM:** Appellant Manuel Moreno appeals his sentence for possession with intent to distribute marijuana, in violation of 21 U.S.C. § 841(a)...

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Valdez v. Cockrell, 99-41216 (2002)

288 F.3d 702 Alberto VALDEZ, Petitioner-Appellee, v. Janie COCKRELL, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellant. No. 99-41216. United States Court of Appeals, Fifth Circuit. April 12, 2002. Jeffrey Scott Levinger, Carrington, Coleman, Sloman & Blumenthal, Dallas, TX, William David Underwood, Waco, TX, for Petitioner-Appellee. Gregory Scott Coleman, Lisa Royce Eskow, Meredith Bishop Parenti, Asst. Sol. Gen., Austin, TX, for Respondent-Appellant....

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Valdez v. Cockrell, 99-41216 (2002)

287 F.3d 392 Alberto VALDEZ, Petitioner-Appellee, v. Janie COCKRELL, Director, Texas Department of Criminal Justice, Institutional Division, Respondent-Appellant. No. 99-41216. United States Court of Appeals, Fifth Circuit. April 2, 2002. Jeffrey Scott Levinger (argued), Carrington, Coleman, Sloman & Blumenthal, Dallas, TX, William David Underwood (argued), Waco, TX, for Petitioner-Appellee. Gregory Scott Coleman (argued), Lisa Royce Eskow, Meredith Bishop Parenti, Austin, TX, for Respondent-...

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Sosa v. McKee, 99-41012 (2002)

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 99-41012 Summary Calendar THOMAS SOSA, Plaintiff - Appellant, v. KEVIN MCKEE, Etc.; ET AL, Defendants, KEVIN MCKEE, Correctional Officer; JERRY BODIN, JR., Correctional Officer, Defendants - Appellees. - Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:95-CV-1037 - April 5, 2002 Before DAVIS, BENAVIDES, and CLEMENT, Circuit Judges. PER CURIAM:* Thomas Sosa (TDCJ #668562) appeals the...

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Veeck v. Southern Bldg Code, 99-40632 (2002)

293 F.3d 791 Peter VEECK, doing business as RegionalWeb, Plaintiff-Counter Defendant-Appellant, v. SOUTHERN BUILDING CODE CONGRESS INTERNATIONAL, INC., Defendant-Counter Claimant-Appellee. No. 99-40632. United States Court of Appeals, Fifth Circuit. June 7, 2002. Eric P. Weisberg (argued), Weisberg Law Office, Denison, TX, for Veeck. Robert J. Veal (argued), Burr & Forman, Birmingham, AL, for Southern Building Code Congress Intern. Inc. Alan S. Wernick, James Terrence Hultquist, Quarles & Brady,...

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Campbell v. St Tammany Prsh Sch, 99-31071 (2002)

300 F.3d 526 Sally CAMPBELL; Louisiana Christian Coalition, Plaintiffs-Appellees, v. ST. TAMMANY PARISH SCHOOL BOARD; Eddie Fielding, in his official capacity as a member of the St. Tammany Parish School Board; A.R. Smith, in his official capacity as a member of the St. Tammany Parish School Board; Also known as Smitty Smith; Gregory J. Saurage, in his official capacity as a member of the St. Tammany Parish School Board; Donald J. Villere, in his official capacity as a member of the St. Tammany...

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Cockerham v. Cain, 99-31044 (2002)

283 F.3d 657 Raymond L. COCKERHAM, Petitioner-Appellee, v. Burl CAIN, Warden, Louisiana State Penitentiary, Respondent-Appellant. No. 99-31044. United States Court of Appeals, Fifth Circuit. February 20, 2002. Valerie Welz Jusselin, Asst. Federal Public Defender (argued), New Orleans, LA, for Petitioner-Appellee. Charles E.F. Heuer (argued), Valentin Michael Solino, Asst. Dist. Atty., New Orleans, LA, for Respondent-Appellant. Appeal from the United States District Court for the Eastern...

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