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 reviewing the record. The court dismissed the appeal, finding no nonfrivolous issues existed for appellate review.
The Fifth Circuit denied Sandeep Singh's petition for review, upholding an adverse credibility finding by the Immigration Judge. The court held that substantial evidence supported the agency's conclusion that Singh's passport was altered and his supporting affidavits were suspiciously similar.
The Fifth Circuit affirmed Marshall Grace's conviction for drug conspiracy, ruling that he failed to prove purposeful racial discrimination under Batson v. Kentucky. The court held that the district court's assessment of the prosecutor's credibility regarding a race-neutral reason for striking a juror was not clearly erroneous.
The Fifth Circuit granted appointed counsel's motion to withdraw and dismissed the appeal after reviewing the record. The court found no nonfrivolous issues for appellate review under the standard established in Anders v. California.
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 procedure to excuse counsel from further responsibilities, leaving the defendant's conviction in place.
The Fifth Circuit affirmed a federal sentence, holding that a prior four-year state firearms conviction counts toward criminal history points even if the defendant did not physically serve the full term. The court also rejected a challenge to a supervised release revocation, finding the district court properly considered the defendant's history and the need for public protection.
The Fifth Circuit affirmed the denial of qualified immunity for officers who fired at a fleeing vehicle after it began moving away from the scene. The court held that under clearly established law, no reasonable officer could believe such shots were justified once the suspect vehicle accelerated.
The Fifth Circuit affirmed the dismissal of a § 1983 complaint filed by Kimberly Monique Ross, ruling that the appeal was frivolous because it sought to relitigate claims already decided. The court denied Ross's motion to proceed in forma pauperis because she failed to challenge the district court's finding that her lawsuit was duplicative of a prior action.
The Fifth Circuit granted appointed counsel's motion to withdraw after an Anders review found no nonfrivolous issues for appeal. The court dismissed the appeal, leaving the district court's judgment in effect.
The Fifth Circuit affirmed the Board of Immigration Appeals' denial of asylum and Convention Against Torture claims for an Indian national. The court held that the harm suffered did not reach the level of persecution and that the Indian government was capable of providing protection.