United States v. Kuchinski, ___ F.3d ___ (9th Cir. Nov. 27, 2006) (conviction for receipt and possession of child pornography is affirmed over claims of error regarding defendant's plea agreement and double jeopardy, but his sentence is vacated as he was sentenced in error when child pornography images in his cache files, which he neither controlled nor even knew the existence of, were used to calculate his Guideline range).
http://caselaw.lp.findlaw.com/data2/circs/9th/0530607p.pdf

United States v. Stevens, __ F.3d __ (9th Cir. Sept. 13, 2006) (district court prejudicially erred by applying amended definition of "minor" -- which was changed to include a fictitious minor -- in child pornography prosecution to enhance sentence, since the modification was a substantive change and not just a clarification and to do so was prohibited under the Ex Post Facto clause). http://caselaw.lp.findlaw.com/data2/circs/9th/0530597p.pdf

Sinotes-Cruz v. Gonzales, 468 F.3d 1190 (9th Cir. Nov. 22, 2006) (the permanent stop-time rule of INA 240A(d)(1) may not be applied retroactively to prevent accrual of the seven-year continuous residence requirement of INA 240A(a)(2), for cancellation of removal, on the basis of a conviction pre-dating the effective date of the stop-time rule), following reasoning of INS v. St. Cyr, 533 U.S. 289 (2001),
http://caselaw.lp.findlaw.com/data2/circs/9th/0470745p.pdf

Stephens v. Herrera, ___ F.3d ___(9th Cir. Sept. 13, 2006) (habeas petition dismissed because showing of actual innocence was insufficient within the meaning of Bousley v. United States, 523 U.S. 614, 623 (1998) to overcome the successive-petition bar of 28 U.S.C. 2255). http://caselaw.lp.findlaw.com/data2/circs/9th/0456232p.pdf

Comer v. Schiro (2006) F.3d (9th Cir. Sept. 13, 2006) (prosecutorial misconduct by using dehumanizing epithets during closing argument, including references to the defendant as "filth," a "monster," and "a reincarnation of the devil," did not constitute a due process violation or render the trial fundamentally unfair). http://caselaw.lp.findlaw.com/data2/circs/9th/9899003p.pdf

United States v. Martinez-Rodriguez, ___ F.3d ___ (9th Cir. Nov. 21, 2006) (California conviction of possession for sale of marijuana, in violation of Health & Safety Code 11359, constituted a drug trafficking offense for enhancing illegal reentry sentence, since full range of conduct proscribed by state statute fell within federal definition).
http://caselaw.lp.findlaw.com/data2/circs/9th/0550719p.pdf

United States v. Turbides-Leonardo, 468 F.3d 34 (1st Cir. Nov. 14, 2006) (defendant waived objection to 16-level enhancement of illegal reentry sentence, based on argument that conviction did not constitute drug trafficking conviction under the USSG, by failure to object in the trial court). http://laws.lp.findlaw.com/1st/052374.html

United States v. Turbides-Leonardo, 468 F.3d 34 (1st Cir. Nov. 14, 2006) (defendant waived objection to 16-level enhancement of illegal reentry sentence, based on argument that conviction did not constitute drug trafficking conviction under the USSG, by failure to object in the trial court). http://laws.lp.findlaw.com/1st/052374.html

Joseph v. United States Atty Gen., 465 F.3d 123 (3d Cir. Oct. 2, 2006) (federal conviction of 18 U.S.C. 922(a)(3) and 924(a)(1)(D) [transporting firearm across state lines] is not an aggravated felony firearms trafficking offense under INA 101(a)(43)(C) for immigration purposes because the statute does not at a minimum require "trafficking" in firearms; the offense may be committed by bringing ones own firearm across state lines).

Joseph v. United States Atty Gen., 465 F.3d 123 (3d Cir. Oct. 2, 2006) (even where statute may be divided into discreet subsections, court cannot and need not look to the record of conviction to determine subsection of conviction where none of the subsections identified qualifies as an aggravated felony applying minimum conduct analysis). See also Ng. v. Atty Gen., 436 F.3d 392 (3d Cir. 2006) (divisible statute); Canada v. Gonzales, 448 F.3d 560 (2d Cir. 2006) (minimum conduct).