Every decision we've summarized from United States Court of Appeals for the Fifth Circuit.
The Fifth Circuit affirmed a sentence for illegal reentry, rejecting the defendant's claim that a written supervised release condition conflicted with the court's oral pronouncement. The court held that the discrepancy was a mere ambiguity rather than a conflict, as the condition aligned with the district court's intent and the parties' understanding regarding deportation.
The Fifth Circuit dismissed the appeal because the plaintiff failed to timely challenge the dismissal of most defendants that occurred nearly four years prior. The court found it lacked jurisdiction to review the orders due to the significant delay and confusion in the notice of appeal.
The Fifth Circuit affirmed Alex Barraza's conviction and sentence, ruling that the district court correctly found him competent to plead guilty and stand trial. The court also upheld the denial of his motion to withdraw his guilty plea and dismissed his remaining claims as barred by his valid waiver of appeal.
The Fifth Circuit affirmed summary judgment for Lockheed Martin, ruling that an employee's communications regarding policy disagreements did not constitute protected whistleblowing under the NDAA. Even assuming the activity was protected, the court held the employer proved by clear and convincing evidence that the termination was based on repeated insubordination.
The Fifth Circuit held that the Federal Trade Commission lacks constitutional authority to adjudicate deceptive advertising claims before an administrative law judge. Following the Supreme Court's decision in SEC v. Jarkesy, the court vacated the agency's cease-and-desist order against Intuit and remanded the case for proceedings in an Article III court.
The Fifth Circuit affirmed the denial of Arturo Solis's motion for a sentence reduction because his criminal history score remained unchanged under Amendment 821. The court held that challenges to the original conviction and arguments regarding sentencing factors were not cognizable or necessary given his ineligibility.
The Fifth Circuit reversed the district court's grant of summary judgment for protest organizer DeRay Mckesson, holding that sufficient evidence exists for a jury to determine if his negligence in leading a violent protest proximately caused injuries to Officer John Ford. The court emphasized that after eight years of litigation, the case must proceed to trial to resolve factual disputes regarding Mckesson's leadership role and the foreseeability of the violence.
The Fifth Circuit granted the Federal Public Defender's motion to withdraw from representing Deray Eugene Morgan after finding no nonfrivolous issues for appeal. The court dismissed the defendant's criminal appeal following a review of the record and the counsel's Anders brief.
The Fifth Circuit affirmed the district court's dismissal of a pro se plaintiff's civil rights claims, upholding the lower court's application of Federal Rule of Civil Procedure 12(b)(6). While the appellate court applied a liberal construction to the appellant's arguments, it found no reversible error in the dismissal of the case.
The Fifth Circuit affirmed the defendant's life sentence for drug trafficking and murder-for-hire, ruling that evidence of prior drug dealings was intrinsic to the charged conspiracy. The court further held that the district court did not commit plain error by omitting a jury instruction on the overt act element of the murder-for-hire conspiracy.