Every decision we've summarized from United States Court of Appeals for the Fifth Circuit.
The United States Court of Appeals for the Fifth Circuit affirmed the dismissal of a pro se plaintiff's civil rights claims against private adoption entities. The court held that the plaintiff failed to allege violations committed by a state actor as required under Section nineteen eighty-three of the United States Code.
The Fifth Circuit affirmed Francis Kerr's illegal-reentry conviction and sentence. The court rejected his claim that the district court's denial of a for-cause juror challenge deprived him of a fair trial.
The Fifth Circuit affirmed summary judgment allowing Wilmington Savings to enforce a Texas home equity loan and foreclose on the property. The court rejected challenges based on service, standing, and limitations.
The Fifth Circuit vacated a district court dismissal of a habeas petition because the petitioner named the wrong respondent. The court held that the proper respondent in a habeas action must be the person who has actual custody over the petitioner.
The Fifth Circuit dismissed Keysi Gonzalez-Madrid's appeal after appointed counsel filed an Anders brief and moved to withdraw. The court said any challenge to the sentence was moot because Gonzalez-Madrid had been released from custody and had no term of supervised release.
The Fifth Circuit affirmed an above-guidelines sentence for illegal reentry. The court held that the defendant did not show the upward variance was substantively unreasonable or inadequately explained.
The Fifth Circuit affirmed Gene Rudolph's sentence after remand in a federal drug case. The court held that the government's additional evidence was sufficient to support counting Rudolph's 1996 conviction and applying the career-offender enhancement.
The Fifth Circuit affirmed dismissal of Red Rover Group's constitutional and related claims over Bossier City's barking noise ordinances. The court held the complaint did not plausibly allege an equal protection violation, the ordinances were not unconstitutionally vague, and the remaining claims failed without an underlying constitutional violation.
The Fifth Circuit dismissed Louis Korn's criminal appeal after appointed counsel filed an Anders brief and moved to withdraw. The court said its review showed no nonfrivolous issue for appellate review.
The Fifth Circuit denied a Texas prisoner's motion to proceed in forma pauperis on appeal in a Section 1983 medical-care case. The court held that his appeal was frivolous because his briefing did not challenge the district court's reasons for dismissal.