Every decision we've summarized from United States Court of Appeals for the Fifth Circuit.
The Fifth Circuit affirmed a district court dismissal of an immigration plaintiff's attempt to compel adjudication of a pending adjustment of status application.
The Fifth Circuit vacated a restitution order under the Mandatory Victims Restitution Act because the statute does not authorize awards for lost income or mental anguish absent bodily injury. The court held that bodily injury requires physical damage, not purely psychological harm.
The Fifth Circuit dismissed an untimely appeal from an amended restitution judgment but remanded the denial of a motion to accept the late notice for further proceedings.
The Fifth Circuit affirmed the conviction of Eric Reed Marascio for conspiring to defraud the Paycheck Protection Program. The court found sufficient evidence of specific intent and rejected claims regarding improper prosecutorial comments.
The United States Court of Appeals for the Fifth Circuit remanded a personal injury lawsuit to the district court following a Supreme Court directive. The appellate court clarified that its prior inquiry into a bankruptcy omission was too narrow.
The Fifth Circuit affirmed a forty-two-month sentence for a defendant convicted of conspiring to transport aliens. The court held that sufficient evidence supported a two-level sentencing enhancement based on a coconspirator's possession of a dangerous weapon.
The United States Court of Appeals for the Fifth Circuit affirmed the denial of a federal prisoner's motion for compassionate release. The court held that the district court did not abuse its discretion by relying on statutory sentencing factors and providing an adequate explanation for its decision.
The United States Court of Appeals for the Fifth Circuit affirmed a conviction for illegal reentry into the United States. The court held that arguments challenging the recidivism enhancement under the relevant statute are foreclosed by existing Supreme Court precedent.
The United States Court of Appeals for the Fifth Circuit dismissed an appeal filed by federal prisoner Robert L. Hedrick due to a lack of jurisdiction. The court also ordered Hedrick to pay a three hundred dollar sanction for filing frivolous motions.
The Fifth Circuit affirmed a bankruptcy court ruling that creditors willfully violated the automatic stay by pursuing a deposition of a non-debtor co-founder after a Chapter 7 filing. The court held that the creditor had standing to enforce the stay and that the damages award, including attorney fees, was supported by the Bankruptcy Code.