Every decision we've summarized from United States Court of Appeals for the Fifth Circuit.
The Fifth Circuit affirmed Sharmaine Jackson's sentence, ruling that the district court did not clearly err in applying a sentencing enhancement for vulnerable victims. The court held that targeting older customers with large balances who rarely checked their accounts rendered them unusually vulnerable under federal sentencing guidelines.
The Fifth Circuit affirmed summary judgment against a Deepwater Horizon cleanup worker who failed to submit expert reports within an extended deadline. The court held that the settlement agreement did not mandate indefinite delays and that the district court acted within its authority to manage its docket.
The Fifth Circuit granted a prisoner's motion to proceed in forma pauperis but affirmed the district court's dismissal of his civil rights claims. The court held that the prisoner's claims do not fall within the scope of the Bivens remedy and are barred by the three strikes rule.
The Fifth Circuit affirmed the district court's denial of a federal prisoner's motion for compassionate release, ruling that the lower court properly weighed statutory sentencing factors. The appellate court held that the defendant's criminal history and non-compliance with medical instructions justified maintaining his sentence despite his chronic kidney disease.
The Fifth Circuit affirmed Julius Augillard's 70-month sentence for felon in possession of a firearm, rejecting his challenges to the sentencing guidelines' application of the realistic probability test and the firearm enhancement. However, the court vacated the judgment in part because the district court failed to orally pronounce a discretionary supervised release condition that was later added to the written judgment.
The United States Court of Appeals for the Fifth Circuit granted a motion for leave to withdraw filed by appointed counsel. The court dismissed the appeal because the record was not sufficiently developed to evaluate claims of ineffective assistance of appellate counsel.
The Fifth Circuit affirmed Vernell Woodard's conviction and sentence for firearm brandishing and aiding and abetting a crime of violence. The court held that any failure by the district court to warn Woodard about restitution authority was harmless error because he could not show he would have rejected his plea had he received the warning.
The United States Court of Appeals for the Fifth Circuit affirmed the guilty plea conviction and sentence of Vernell Woodard. The court found an adequate factual basis for the plea and determined no reversible plain error occurred regarding the district court's procedures.
The Fifth Circuit granted appointed counsel's motion to withdraw, finding no nonfrivolous issues for direct appeal. However, the court dismissed the appeal without prejudice because the record was insufficient to fairly evaluate the defendant's ineffective assistance claims.
The Fifth Circuit granted an appointed attorney's motion to withdraw from representing a criminal defendant after reviewing the record and finding no non-frivolous issues for appeal. Consequently, the court dismissed the appeal and excused counsel from further responsibilities.