Every decision we've summarized from United States Court of Appeals for the Fifth Circuit.
The Fifth Circuit granted the Federal Public Defender's motion to withdraw from representing Willie Ray Valentine, finding no nonfrivolous issues for appellate review. The court dismissed the appeal pursuant to Fifth Circuit Rule 42.2 after a thorough examination of the record.
The Fifth Circuit granted the Federal Public Defender's motion to withdraw from representing Thomas Eugene Coulson after finding no nonfrivolous issues for appeal. The court dismissed the appeal without addressing the merits of the underlying conviction.
The Fifth Circuit granted appointed counsel's motion to withdraw and dismissed the appeal after determining the case presented no nonfrivolous issues for review. The court applied the Anders standard to conclude that the defendant's appeal lacked merit.
The Fifth Circuit granted the Federal Public Defender's motion to withdraw from representing Scott Wayne O'Toole on appeal. The court dismissed the appeal after determining that no nonfrivolous issues for appellate review existed.
The Fifth Circuit denied the petition for review of the BIA's removal order, holding that the petitioner failed to properly raise arguments regarding the Immigration Judge's decision and abandoned the central issue of whether the BIA erred.
The Fifth Circuit dismissed Salvador Jimenez's appeal because he failed to file a notice of appeal within the mandatory deadline set by the Federal Rules of Appellate Procedure. The court held that this jurisdictional requirement applies strictly, regardless of the prisoner's request to proceed in forma pauperis or any claims of good faith.
The Fifth Circuit granted Lancaster's motion to proceed in forma pauperis but affirmed the district court's dismissal of his Bivens claim because he failed to demonstrate that the remedy should be extended to this context.
The Fifth Circuit dismissed a petition for review of a Board of Immigration Appeals decision because it was filed more than thirty days after the agency's ruling. The court held that the statutory time limit is a strict jurisdictional bar that deprives the appellate court of authority to hear untimely cases.
The Fifth Circuit dismissed Marcus Guice's appeal after enforcing his plea agreement's appeal waiver. The court found the waiver was knowing, voluntary, and applicable to his challenge regarding a sentencing enhancement.
The Fifth Circuit dismissed Marcus Guice's appeal after enforcing his plea agreement's waiver of appeal rights. The court held that the waiver was knowing and voluntary and its plain language barred Guice's challenge to a specific sentencing enhancement.