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 the defendant after a review of the Anders brief and case record. The court dismissed the appeal, finding no nonfrivolous issues for appellate review, which allows the underlying criminal conviction to stand.
The Fifth Circuit granted the Federal Public Defender's motion to withdraw from representing Luis Adrian Torres-Tamayo after finding no nonfrivolous issues for appeal. The court dismissed the appeal, leaving the defendant's conviction in place without further judicial review of his claims.
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.
The Fifth Circuit granted the government's unopposed motion to remand a criminal sentence after identifying a missed sentencing guideline error during an Anders review. The court vacated the 46-month imprisonment term and ordered resentencing to align with the applicable policy statement range.
The Fifth Circuit denied a Honduran national's petition for review of the Board of Immigration Appeals' dismissal of his motion to reopen removal proceedings. The court held that the petitioner failed to demonstrate equitable tolling for an eight-month filing delay and that due process arguments do not alter the abuse of discretion standard applied to motions to reopen.
The Fifth Circuit dismissed a petition to reopen an in absentia removal order, holding that a subsequent Notice of Hearing cured defects in the initial Notice to Appear. The court affirmed the BIA's denial, finding the petitioner failed to rebut the presumption that he received proper notice of his missed hearing.
The Fifth Circuit affirmed Corey Wilson's convictions for possession of unregistered machineguns, ruling that the evidence was sufficient to prove he knew the devices possessed machinegun characteristics. The court also rejected his constitutional challenge, holding that the statutory definition of a machinegun was not unconstitutionally vague as applied to his knowingly engaged conduct.
The Fifth Circuit certified a question to the Louisiana Supreme Court regarding whether an insurer's breach of a cooperation clause bars a third party's direct action under Louisiana law. The court paused the federal appeal because it cannot make a reliable 'Erie guess' without state guidance on this unsettled issue.