Every decision we've summarized from United States Court of Appeals for the Fifth Circuit.
The Fifth Circuit affirmed the conviction of a defendant for possessing a firearm after a felony conviction. The court held that the defendant's Second Amendment and Commerce Clause challenges were foreclosed by existing precedent.
The United States Court of Appeals for the Fifth Circuit affirmed a district court's grant of summary judgment in a pregnancy discrimination case. The court held that the employee failed to raise a genuine issue of material fact regarding pretext after violating company policies on pricing and discounts.
The United States Court of Appeals for the Fifth Circuit dismissed an appeal challenging a tax fraud conviction and sentence in part for lack of jurisdiction. The court affirmed the district court's denial of a new trial motion and its application of sentencing enhancements while dismissing a separate bail appeal as moot.
The Fifth Circuit affirmed a sixty-month sentence imposed upon the revocation of supervised release. The court held that the defendant failed to preserve his claim that the district court impermissibly considered retributive factors.
The Fifth Circuit affirmed a district court's denial of a habeas motion challenging a federal sentence. The court held that the defendant failed to prove prejudice because the sentencing judge imposed a sentence below the correct Guidelines range independent of the erroneous calculation.
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 review.
The Fifth Circuit affirmed a federal sentence where the district court counted a state-expunged marijuana conviction toward the defendant's criminal history score. The court held that the expungement did not qualify for exclusion under the Sentencing Guidelines because it was not based on innocence or legal error.
The United States Court of Appeals for the Fifth Circuit granted a motion to withdraw counsel and dismissed an appeal filed by Carlos Alix Moreno Olivero. The court found no nonfrivolous issues for appellate review after reviewing the Anders brief filed by the appointed attorney.
The Fifth Circuit affirmed a federal sentence for a defendant convicted of felon in possession of a firearm and illegal possession of a machine gun. The court rejected the defendant's challenges to two sentencing enhancements based on the underlying attempted murder and the severity of the victims' injuries.
The Fifth Circuit affirmed a sentence where the district court granted a substantial assistance motion but imposed a within-guidelines term. The appellate court found that while the district court erred in granting the motion without departing, the error did not affect the defendant's substantial rights.