US v. Mundy, 07-4112, concerned a challenge to a conviction and sentence of defendant for possessing 500 grams or more of cocaine with intent to distribute and for possessing with intent to distribute 500 grams or more of cocaine in a protected area. In affirming the convictions, the court held that the PPD Live Stop Policy sufficiently standardized criteria regulating the scope of a permissible inventory search, including searches of closed containers, and the officer's search adequately complied with those criteria. Further, the district court did not err in applying a two-level enhancement to defendant's guidelines offense level under section 2D1.2(a)(1).
Duhaney v. Attorney General, 08-2349, concerned a Jamaican citizen's petition for review of the BIA's decision finding the petitioner removable as an alien convicted of an aggravated felony. In denying the petition, the court held that the BIA did not err in ordering a remand as, under the circumstances, the BIA did not disregard its established precedent by remanding the case in a way that ultimately permitted the government to lodge additional charges of removability against petitioner. Also, the BIA did not deprive petitioner of his due process rights. The court also concluded that the government was not precluded from alleging new charges of removability following the vacatur of petitioner's 2000 conviction. Lastly, petitioner's section 212(c) waiver does not extend to the ground for removability that underlies the instant order of removal as under the applicable regulations, the government was permitted to lodge new charges of removability, even based on convictions that were disclosed in his application.