Every decision we've summarized from United States Court of Appeals for the Fifth Circuit.
The Fifth Circuit affirmed the conviction of Pedro Delgado-Ramirez for illegal reentry. The court held that the defendant's constitutional challenge to the statutory sentencing enhancement was foreclosed by existing Supreme Court precedent.
The Fifth Circuit affirmed Shaquaila Lewis's twenty-seven-month sentence, rejecting her argument that the district court erred in applying a sophisticated-means enhancement. The court held that Lewis's use of fictitious tax forms, fake payroll checks, and delayed business registration constituted especially complex conduct designed to conceal her fraud.
The Fifth Circuit affirmed a 162-month prison sentence for a felon in possession of a firearm, rejecting arguments regarding sentencing enhancements. Because the defendant failed to preserve his objections in the district court, the appellate court reviewed the case only for plain error and found no clear mistake.
The United States Court of Appeals for the Fifth Circuit granted a motion by the Federal Public Defender to withdraw from representing the defendant. The court dismissed the appeal after finding no nonfrivolous issues for appellate review.
The United States Court of Appeals for the Fifth Circuit affirmed the district court's judgment in this civil appeal. The panel found no error affecting the lower court's decision after reviewing the briefs and record.
The Fifth Circuit affirmed the denial of a motion to suppress evidence found on a microSD card, ruling that the subsequent warrant search was constitutional under the good faith exception. The court held that an officer's reliance on the warrant was objectively reasonable because the legality of the school district's initial search was unclear.
The Fifth Circuit dismissed Montez Lesha Bishop's appeal as frivolous because he failed to meaningfully challenge the district court's ruling that his Bivens claims were noncognizable. This dismissal counts as a strike toward the three-strike limit under 28 U.S.C. § 1915(g), restricting his ability to proceed in forma pauperis in future civil actions while incarcerated.
The Fifth Circuit affirmed George Kenneth Orton Jr.'s conviction for producing child pornography, ruling that the evidence supported a finding that the devices used moved in interstate commerce. The court also rejected challenges to the jury instructions and the constitutionality of the underlying statute.
The United States Court of Appeals for the Fifth Circuit dismissed an appeal filed by Jose Francisco Hernandez. The court granted the appointed attorney's motion to withdraw after finding 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.