Rodriguez v. Holder, Jr., United States Court of Appeals, 5th Circuit, No. 10-60763 

Petitioner, a native and citizen of Mexico, petitioned for review of the decision of the BIA that he was removable for having been convicted of an aggravated felony. The IJ concluded that petitioner's conviction for attempted sexual assault under Texas Penal Code section 22.011 was a crime of violence as defined in 18 U.S.C. 16(b) because the offense presented a substantial risk of the use of physical force against another. When petitioner appealed the IJ's order of removal, the BIA dismissed the appeal. Because the record did not establish that petitioner was convicted of an aggravated felony, as defined by 8 U.S.C. 1101(a)(43), the court granted his petition and vacated the order of removal.

 

Read full Opinion here

 

United States v. Resendiz-Moreno, United States Court of Appeals, 5th Circuit, No. 11-51139

Defendant plead guilty to illegal reentry into the United States. On appeal, defendant contended that the district court erroneously enhanced his sentence based on his conviction under Georgia Code16-5-70(b), which the district court concluded was a crime of violence. The court vacated and remanded for resentencing, holding that the statute under which defendant was convicted did not require a showing of physical force.

 

Read full Opinion here

 

 

United States v. Roussel, United States Court of Appeals, 5th Circuit, Docket No. 11-30908

Defendant, a New Orleans Police Department Captain and Traffic Division commander, was convicted of crimes related to his involvement with a scheme to defraud Entergy, a New Orleans-based utilities provider. The court held that the district court's issuance of the deliberate ignorance instruction was erroneous, but the error was harmless; the district court correctly recognized that the standard Rule 404(b) instruction to the jury on "other acts" would need to be modified; to the extent the introduction of the Rule 404(b) evidence was erroneous, the doctrine of invited error applied; there was no Confrontation Clause violation nor abuse of discretion in limiting defendant's counsel's cross-examination of the codefendant; the district court did not clearly err in applying either the public official sentencing guidelines enhancement or the high-level or sensitive position enhancement; the district court erred in finding more than one bribe, and it should have therefore declined to apply the corresponding two-level sentencing guidelines enhancement; the district court erred in its calculation of the expected benefit; the district court's consideration of the 30-year statutory maximum was improper but it was harmless; and the sentencing guidelines enhancement errors were not harmless. Accordingly, the court affirmed the conviction and vacated and remanded for resentencing.

 

Read full Opinion here

 

 

New Orleans, LA - As required by the Louisiana Supreme Court, the New Orleans Police Department is issuing a public advisory regarding a sobriety checkpoint that will be conducted tomorrow night.

 

The New Orleans Police Department’s Traffic Division will conduct a sobriety checkpoint in the Orleans Parish area beginning at approximately 9:00 P.M., and will conclude at approximately 5:00 A.M.  Motorists will experience minimal delays and should have the proper documentation available if requested, i.e., proof of insurance, driver’s license, etc.

 

Superintendent of Police Ronal Serpas said, “I would like to remind all drivers to always drink responsibly and use a designated driver.”

 

Super Lawyers magazine has named New Orleans, Louisiana attorney Stephen Hébert a Rising Star in Criminal Defense for 2013.  While up to five percent of Louisiana lawyers are named to Super Lawyers, no more than 2.5 percent are named to the Rising Stars list.

 

Regarding the selction process, a survey is conducted where lawyers are asked to nominate the best attorneys who are 40 or under, or who have been practicing for 10 years or less. They are instructed to nominate lawyers they have personally observed in action — whether as opposing counsel or co-counsel, or through other firsthand courtroom observation.

 

In addition to the general survey, an attorney-led research team subsequently reviews the credentials of potential candidates and assigns points based on a set of defined evaluation criteria. The research staff also confirms that nominees are properly licensed, in good standing with the state licensing agency, and, when possible, that they have no history of disciplinary action that would warrant removal from the list.

 

Lastly, the point totals from the general survey and research process are then added to arrive at a final tally. The lawyers are ranked by point totals and those with the highest point totals are named to the Rising Stars list. No more than 2.5 percent of the lawyers in the state are named to the list. To ensure a diverse and well-balanced list, the research staff considers factors such as firm size, practice area and geographic location.

 

Stephen D. Hébert has been named by New Orleans Magazine as one of New Orleans' top lawyers in criminal defense for 2012.

 

Read the full story here at myneworleans.com

 

Contact Stephen D. Hébert

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