Every decision we've summarized from United States Court of Appeals for the Fifth Circuit.
The Fifth Circuit affirmed the dismissal of a pro se plaintiff's complaint against a car dealership and its financing arm. The court characterized the suit as patently frivolous due to the plaintiff's reliance on a personally created bill of exchange as valid payment.
The United States Court of Appeals for the Fifth Circuit dismissed an appeal after reviewing a motion by appointed counsel to withdraw. The court agreed that the appeal presented no nonfrivolous issues for review.
The United States Court of Appeals for the Fifth Circuit granted a motion by appointed counsel to withdraw from representing the defendant. The court dismissed the appeal after finding no nonfrivolous issues for appellate review.
The Fifth Circuit affirmed summary judgment for the University of Texas Southwestern Medical Center, holding that a former medical student failed to prove she was qualified for the program or that the school denied reasonable accommodations. The court ruled that academic dismissal based on legitimate deficiencies does not constitute discrimination under Title VI, the ADA, or the Rehabilitation Act.
The Fifth Circuit affirmed the dismissal of a qui tam action under the False Claims Act, holding that an employer has no established duty to pay higher visa fees for visa types it never applied for. The court further ruled that failing to withhold taxes on underpaid wages does not constitute a reverse false claim because the obligation to transmit money to the Treasury arises only after wages are actually paid.
The Fifth Circuit affirmed the denial of a federal prisoner's motion for compassionate release because he was sentenced after the relevant sentencing guideline amendment took effect. The court also dismissed the defendant's appeal regarding a final forfeiture order, ruling that he lacked standing since his property rights were already settled by the preliminary forfeiture order.
The Fifth Circuit affirmed a felon-in-possession sentence but vacated part of the judgment due to a discrepancy between the oral pronouncement and written judgment. The court held that the realistic probability test remains applicable to state drug convictions despite recent Supreme Court rulings.
The Fifth Circuit granted appointed counsel's motion to withdraw and dismissed the appeal after finding no nonfrivolous issues for review. The court's decision confirms that the district court's judgment remains in effect while excusing the defendant from further appellate proceedings.
The Fifth Circuit granted appointed counsel's motion to withdraw and dismissed the appeal after finding no nonfrivolous issues for review. The court concurred with the attorney's assessment that the case presented no grounds for appellate relief under the Anders standard.
The Fifth Circuit affirmed Julius Augillard's 70-month sentence, ruling that his prior state conviction qualified as a controlled substance offense under the realistic probability test. However, the court vacated part of the judgment because the district court failed to orally pronounce a discretionary supervised release condition that appeared in the written order.