Cases

NOTICE: This opinion is subject to motions for reargument under V.R.A.P. 40 as well as formal revision before publication in the Vermont Reports. Readers are requested to notify the Reporter of Decisions by email at: JUD.Reporter@vermont.gov or by mail at: Vermont Supreme Court, 109 State Street, Montpelier, Vermont 05609-0801, of any errors in order that corrections may be made before this opinion goes to press. 2020 VT 90

Reiber, CJ. ¶ 1. Both sides appeal in this long-running dispute involving Alpine Haven, a sprawling subdivision located along Vermont Route 242 in the Towns of Montgomery and Westfield. The dispositive question for this Court is whether the undisputed facts support the trial court’s conclusion that the “chalets” within Alpine Haven constitute a preexisting common interest community

LESLIE H. SOUTHWICK, Circuit Judge: Rafael Cortez-Gonzalez pled guilty to one count of transporting illegal aliens. He contends the district court erred by applying a four-level enhancement under Sentencing Guideline Section 2L1.1(b)(3)(B) when one of the enhancement's predicate offenses could not be counted for criminal history points under Section 4A1.2(e). The district court did not

897 A.2d 1281 (2006) COMMONWEALTH of Pennsylvania, Appellee, v. Sarita MILLER, Appellant. Superior Court of Pennsylvania. Submitted December 5, 2005. Filed April 24, 2006. *1284 Mitchell S. Strutin, Philadelphia, for appellant. Hugh J. Burns, Jr., Asst. Dist. Atty., Philadelphia, for Com., appellee. BEFORE: TODD, BO

JERRY E. SMITH, Circuit Judge: Juan Ramirez entered a conditional guilty plea to one count of transporting an illegal alien. He appeals the conviction *439 based on his challenge to the denial of his motion to suppress evidence obtained during a traffic stop, contending that the Border Patrol agent

FINDINGS OF FACT AND LAW, MEMORANDUM, ORDER, AND JUDGMENT ON 28 U.S.C. § 2255 MOTION JACK B. WEINSTEIN, Senior District Judge. Table of Contents I. Introduction.............................................................391 II. Facts and Procedural History..............................................392 A. Crime of Conviction...........

ORDER MARINA GARCIA MARMOLE JO, District Judge. On August 27, 2014, a grand jury charged Defendant Severo Canales-Ro-sales with two counts of transporting aliens in violation of 8 U.S.C. § 1324. Dkt. No. 14. Now before the Court is Defendant’s Motion to Suppress Evidence (Dkt. No. 20), wherein he seeks to suppress any *793evidence of the

Opinion SCHALLER, J. The defendant, Paul Francis, was convicted, following a jury trial, of murder in violation of General Statutes § 53a-54a (a), felony murder in violation of General Statutes § 53a-54c, burglary in the first degree in violation of General Statutes § 53a-101 (a) (2), burglary in the second degree in violation of General Statutes § 53a-102 (a), arson in the first degree in violation

REYNALDO G. GARZA, Circuit Judge: FACTUAL AND PROCEDURAL HISTORY On July 29, 1998, at approximately 8:00 in the morning, Border Patrol Agents Ron Torralba, an agent with six years experience, and Neil Heideman, an agent with three and a half years experience, stopped a van traveling on Highway 286 because they suspected that it contained illegal aliens.

635 F.Supp.2d 586 (2009) UNITED STATES of America, v. Jose Ricardo ALVARADO. Cause No. SA-09-CR-254-XR. United States District Court, W.D. Texas, San Antonio Division. May 18, 2009. Ray Gattinella, United States Attorney Office, San Antonio, TX, for United States of America. R. Clark Adams, Federal Public Defender, San Antonio, TX, for Jose Ricardo Alvarado.<

POLITZ, Circuit Judge: Georgina Barbara Diaz appeals her bench trial conviction of violating 8 U.S.C. § 1324(a)(1)(B) and 18 U.S.C. §§ 2, 371. For today’s disposition we need consider only one of the several issues she raises, the sufficiency of the evidence in light of the specific charges in the indictment. For the reasons assigned we reverse the convictions and return the mat

United States Court of Appeals Fifth Circuit F I L E D REVISED APRIL 17, 2006 March 15, 2006 IN THE UNITED STATES COURT OF APPEALS Charles R. Fulbruge III

PER CURIAM: After a non-jury trial, in which his motion to suppress was denied, Francisco Martinez was found guilty of possession of 293 pounds of marijuana with intent to distribute in violation of 21 U.S.C. § 841(a)(1). On appeal, Martinez contends that the District Court erred by: (1) concluding that the factual circumstances gave

PER CURIAM: Defendant-appellant Julian Rodriguez-' Mesa pleaded guilty to one count of transporting an alien and was sentenced to nineteen months in prison and two years of supervised release. The question presented in this appeal is whether the district court, in sentencing Rodriguez-Mesa, erred in applying the enhancement for “intentionally or recklessly creating a substantial r

PER CURIAM: Defendant appeals his conviction for possession of marijuana with intent to distribute, 21 U.S.C.A. § 841(a)(1), contending that the search was unreasonable, the evidence should have been suppressed, and a hearing should have been held on the status of the checkpoint at which it was seized. Having concluded that the dist

515 F.3d 434 (2008) UNITED STATES of America, Plaintiff-Appellee, v. Maria DE JESUS-OJEDA, Jose Geronimo-Mendez, Defendants-Appellants. No. 05-41265. United States Court of Appeals, Fifth Circuit. January 24, 2008. *435 *436 *437 John Richard Berry (argued)

*466Justice Marshall, with whom Justice Brennan joins, dissenting. In San Antonio Independent School Dist. v. Rodriguez, 411 U. S. 1 (1973), I wrote that the Court’s holding was a “retreat from our historic commitment to equality of educational opportunity and [an] unsupportable acquiescence in a system which deprives children in their e

22 S.W.3d 75 (2000) Jaime Javier GUTIERREZ, Appellant, v. The STATE of Texas, Appellee. No. 13-97-774-CR. Court of Appeals of Texas, Corpus Christi. June 1, 2000. *77 Jose L. Aliseda, Jr., Beeville, for Appellant. George P. Morrill, II, Dist. Atty., Beeville, Grant Jones, Corpus Christi, for State. Before Chief Just

432 F.Supp. 223 (1976) UNITED STATES of America v. John David WILSON. Crim. No. 75-L-44. United States District Court, S. D. Texas, Laredo Division. January 14, 1976. *224 Joseph G. Garza, Laredo, Tex., for plaintiff. George W. Shaffer, Corpus Christi, Tex., for defendant. MEMORANDUM AND ORDER O'CON

OPINION A jury found appellant, Leticia Latigo Granados, guilty of aggravated possession of marihuana. The court assessed punishment at ten years' confinement, probated, and a $10,000 fine. By two points of error, appellant complains of the State's failure to prove proper venue and insufficiency of the evidence to support a conviction. We affirm. By her first point of error, appellant alleges that the trial court erred in denying appellant's motion for acquitta