Every decision we've summarized from United States Court of Appeals for the Fifth Circuit.
The Fifth Circuit affirmed Joshua Ryan Burns's conviction for possessing a firearm as a convicted felon, rejecting his constitutional challenges as foreclosed by binding precedent. The court granted the government's motion for summary affirmance without oral argument, leaving the district court's judgment in full force.
The Fifth Circuit affirmed David Manuel Garcia's conviction for engaging in illicit sexual conduct in a foreign place, rejecting his Commerce Clause challenge as unpreserved plain error. The court held that Garcia failed to cite controlling authority establishing that the statute exceeds congressional power, meaning no clear or obvious error occurred.
The Fifth Circuit granted appointed counsel's motion to withdraw and dismissed the appeal after a review found no nonfrivolous issues for appellate review. The court concluded the record contained no arguable claims of error, leaving the district court's judgment in place.
The Fifth Circuit affirmed the dismissal of a condemnation appeal filed by pro se appellants, ruling their arguments were forfeited and frivolous. The court held that the appellants failed to address the merits of the district court's decision or cite relevant legal authority to support their claims.
The Fifth Circuit granted the Federal Public Defender's motion to withdraw from representing Thelma Marshell Anderson after determining the appeal contained no nonfrivolous issues. The court dismissed the appeal without addressing the merits of the underlying conviction.
The Fifth Circuit reversed the denial of summary judgment, holding that a deputy's brief push and pull of a mother at a school constituted de minimis force insufficient to violate the Fourth Amendment. Because the force used was nominal, the deputy is entitled to qualified immunity and the plaintiffs' federal and state law claims must be dismissed.
The Fifth Circuit vacated the NLRB's order finding Starbucks liable for an unfair labor practice because the Board applied the wrong legal standard. The court held that determining a Section 8(a)(1) violation requires evaluating whether the employer's conduct would tend to be coercive under the totality of the circumstances.
The Fifth Circuit granted the Federal Public Defender's motion to withdraw from representing Jose Daniel Ramirez after finding no nonfrivolous issues for appeal. The court dismissed the appeal, leaving the underlying criminal conviction in place.
The Fifth Circuit affirmed a 27-month prison sentence for illegal reentry, ruling that the district court did not commit plain error by failing to address a downward variance argument. The court also dismissed a challenge to the statutory maximum, holding that the issue is foreclosed by the Supreme Court's decision in Almendarez-Torres.
The Fifth Circuit granted appointed counsel's motion to withdraw and dismissed the appeal after finding no nonfrivolous issues existed for review. The court concurred with the attorney's assessment that the case presented no grounds for a successful appeal.