Cases

United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 08-3360 ___________ United States of America, * * Plaintiff - Appellee, * * Appeal from the United States v. * District Court for the

569 F.3d 995 (2009) UNITED STATES of America, Plaintiff-Appellee, v. Gabriel BERNARDO SANCHEZ, Defendant-Appellant. No. 07-50564. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 7, 2009. Filed June 23, 2009. *996 Ellyn Marcus Lindsay, Assistant United States Attorney, Los Angeles, CA, fo

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA,  No. 08-10094 Plaintiff-Appellee, D.C. No. v. BERNARDO MANCINAS-FLORES, AKA  CR-05-01086-ROS ORDER AND Arturo Morales-Garcia, AKA AMENDED Bernardo Mancias-Flo

FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT UNITED STATES OF AMERICA,  Plaintiff-Appellee, No. 08-10094 v. BERNARDO MANCINAS-FLORES, AKA  D.C. No. CR-05-01086-ROS Arturo Morales-Garcia, AKA OPINION Bernardo Mancias-Flores,

POSNER, Circuit Judge. The defendant appeals from his conviction for crimes relating to the manufacture of methamphetamine. The only issue is whether evidence obtained as a result of a tracking device attached to his car should have been suppressed as the fruit of an unconstitutional search. The defendant had served time for methamphetamine offenses.

156 F.3d 1245 98 CJ C.A.R. 4374 NOTICE: Although citation of unpublished opinions remains unfavored, unpublished opinions may now be cited if the opinion has persuasive value on a material issue, and a copy is attached to the citing document or, if cited in oral argument, copies are furnished to the Court and all parties. See General Order of November 29, 1993, suspending 10th Cir. Rule 36.3 until December 31, 1995,

USCA1 Opinion June 13, 1995 [NOT FOR PUBLICATION] UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT ____________________ No. 94-2094 UNITED STATES, Appellee,

CONTIE, Senior Circuit Judge. Defendant-appellant, Bernardo Pelaez, appeals his jury conviction and sentence for conspiracy to possess with intent to distribute and distribution of cocaine in violation of 21 U.S.C. §§ 841(a)(1) and 846. For the following reasons, we affirm in part and reverse in part. I. On November 4, 1983, defe

EUGENE A. WRIGHT, Circuit Judge: Bernardo Louisiano Navarro, serving 63 months for his involvement in a conspiracy to distribute cocaine and heroin, seeks re-sentencing. He argues that drugs sold after the end of his participation in the conspiracy were improperly used in calculating his sentence. The question presented by his appeal is whether the district court erred in its ap

Opinion for the Court filed by Circuit Judge SILBERMAN. SILBERMAN, Circuit Judge: Bernardo Bruce was convicted of possession of over five grams of cocaine base with intent to distribute, 21 U.S.C. §§ 841(a)(1), 841(b)(l)(B)(iii), using or carrying a firearm during and in relation to a drug trafficking offense, 18 U.S.C. § 924(c), as well as possession

NATHANIEL R. JONES, Circuit Judge. Defendant-appellant Bernardo Saenz appeals the district court’s refusal to award him a two-point reduction in his base offense level for acceptance of responsibility pursuant to United States Sentencing Guidelines (U.S.S.G.) § 3E1.1. In addition, Saenz contests the district court’s two-level increase in his base offense level for misrepresent

OPINION IKUTA, Circuit Judge: Joseph Bernardo appeals the district court’s application of a six-point upward adjustment to his offense level for “recklessly creating a substantial risk of death or serious bodily injury to another person.” U.S.S.G. § 2L1.1(b)(6). We have jurisdiction under 28 U.S.C. § 1291, and we affirm. I

PER CURIAM: This case concerns the evidence and considerations required before a district court can make a determination that a defendant has previously committed a crime of violence to allow a sentencing enhancement. Bernardo Ochoa-Cruz, the Appellant, pleaded guilty to an illegal reentry charge and subsequently received a sixteen-level sentencing enhancement based on previous co

Opinion for the Court filed by Circuit Judge EDWARDS. HARRY T. EDWARDS, Circuit Judge: Bernardo L. Zabalaga was convicted by a jury of possession with intent to distribute cocaine in violation of 21 U.S.C. § 841(a)(1) (1982). Zabalaga raises three issues on appeal. First, he argues that, because the cocaine was seized pursuant to an illegal impoundment o

GEE, Circuit Judge: Davila was convicted of violating 18 U.S.C. § 1343, by using interstate telegraphic wire services in a scheme to defraud. The statute reads: Fraud by wire, . . . Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or propert

OPINION COWEN, Circuit Judge. This immigration matter has already been before this Court once before on a petition for review. Bernardo Castillo previously petitioned for review of a decision of the Board of Immigration Appeals (“BIA”), which dismissed his appeal from an order of the Immigration Judge (“IJ”) denying his application for cancellation of remov

In the United States Court of Appeals For the Seventh Circuit ____________ No. 06-2741 UNITED STATES OF AMERICA, Plaintiff-Appellee, v. BERNARDO GARCIA, Defendant-Appellant. ____________ Appeal from the United States District Court for the Western District of Wisconsi

FAY, Circuit Judge: Appellants Bernardo Betancourt, Gene Chekanow, Norman Gerwitz and Bernardo Sando were charged in a seven count indictment alleging violations of 21 U.S.C. §§ 841(a)(1), 846 and 848. 1 After a jury trial they were found guilty on all counts. Each appellant challenges his convictions on several grounds

OPINION TALLMAN, Circuit Judge: .Bernardo Mendia, a naturalized U.S. citizen, was detained in county jail when Immigration and Customs ■ Enforcement (“ICE”) agents John Garcia and Ching Chang lodged an immigration detainer placing a federal hold to pick him up when state authorities were ready to re

BAUER, Circuit Judge. Bernardo Perez was convicted of conspiring to possess with the intent to distribute cocaine, possession with the intent to distribute cocaine, and possession of a firearm during and in relation to a drug trafficking crime in violation of 21 U.S.C. §§ 841(a)(1) and 846, and 18 U.S.C. §§ 2 and 924(c). The district court sentenced Perez to a prison term of 181