Every decision we've summarized from United States Court of Appeals for the Fifth Circuit.
The Fifth Circuit granted the government's unopposed motion to remand a criminal sentence after identifying a missed sentencing guideline error during an Anders review. The court vacated the 46-month imprisonment term and ordered resentencing to align with the applicable policy statement range.
The Fifth Circuit denied a Honduran national's petition for review of the Board of Immigration Appeals' dismissal of his motion to reopen removal proceedings. The court held that the petitioner failed to demonstrate equitable tolling for an eight-month filing delay and that due process arguments do not alter the abuse of discretion standard applied to motions to reopen.
The Fifth Circuit dismissed a petition to reopen an in absentia removal order, holding that a subsequent Notice of Hearing cured defects in the initial Notice to Appear. The court affirmed the BIA's denial, finding the petitioner failed to rebut the presumption that he received proper notice of his missed hearing.
The Fifth Circuit affirmed Corey Wilson's convictions for possession of unregistered machineguns, ruling that the evidence was sufficient to prove he knew the devices possessed machinegun characteristics. The court also rejected his constitutional challenge, holding that the statutory definition of a machinegun was not unconstitutionally vague as applied to his knowingly engaged conduct.
The Fifth Circuit certified a question to the Louisiana Supreme Court regarding whether an insurer's breach of a cooperation clause bars a third party's direct action under Louisiana law. The court paused the federal appeal because it cannot make a reliable 'Erie guess' without state guidance on this unsettled issue.
The Fifth Circuit certified a question to the Mississippi Supreme Court regarding whether construction liens are valid when they rely on attached invoices that fail to clearly identify the last date labor was provided. The appellate court remanded the case with instructions to await the state court's answer before proceeding.
The Fifth Circuit affirmed the dismissal of a customer's claims against his bank for failing to prevent third-party fraud on unrelated accounts. The court held that under Texas law, banks owe no duty to customers to prevent such fraud absent a foreseeable danger, and the plaintiff failed to meet the strict pleading standards required for fraud and consumer protection claims.
The United States Court of Appeals for the Fifth Circuit affirmed the dismissal of a civil action brought by a pro se plaintiff. The court held that the district court correctly determined it lacked subject matter jurisdiction over the dispute.
The Fifth Circuit affirmed a conviction for illegal reentry, ruling that a district court does not violate Federal Rule of Criminal Procedure 11 by failing to explicitly define 'official restraint' during a guilty plea colloquy. The court held that no clear or obvious error occurred because binding precedent does not require judges to address surveillance as a form of official restraint.
The Fifth Circuit affirmed the denial of a preliminary injunction, holding that the Rooker-Feldman doctrine stripped the federal court of jurisdiction. The court ruled that the plaintiff's claims were an impermissible attempt to overturn a state child-support judgment rather than a challenge to ongoing constitutional violations.