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 § 1983 complaint filed nearly thirty-five years after the underlying state conviction. The court held that the appellant forfeited new arguments regarding ongoing enforcement actions and SSI benefits by failing to raise them in the district court.
The Fifth Circuit affirmed the dismissal of a pro se plaintiff's § 1983 claims for false arrest and unlawful search, ruling that the Heck v. Humphrey bar precludes the suit because it would imply the invalidity of his underlying criminal convictions. The court also rejected the plaintiff's request for equitable tolling of the statute of limitations, finding no exceptional circumstances under Louisiana law to justify the delay.
The Fifth Circuit affirmed Robert Carlos Cerrillo's conviction and sentence for unlawful firearm possession, rejecting his claim that the district court erred in applying an enhanced sentencing guideline based on attempted murder. The court further held that Cerrillo's facial constitutional challenge to the federal firearms statute was foreclosed by controlling precedent.
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 Fifth Circuit affirmed a sentence for illegal reentry, rejecting the defendant's claim that a written supervised release condition conflicted with the court's oral pronouncement. The court held that the discrepancy was a mere ambiguity rather than a conflict, as the condition aligned with the district court's intent and the parties' understanding regarding deportation.
The Fifth Circuit affirmed Alex Barraza's conviction and sentence, ruling that the district court correctly found him competent to plead guilty and stand trial. The court also upheld the denial of his motion to withdraw his guilty plea and dismissed his remaining claims as barred by his valid waiver of appeal.
The Fifth Circuit affirmed summary judgment for Lockheed Martin, ruling that an employee's communications regarding policy disagreements did not constitute protected whistleblowing under the NDAA. Even assuming the activity was protected, the court held the employer proved by clear and convincing evidence that the termination was based on repeated insubordination.
The Fifth Circuit held that the Federal Trade Commission lacks constitutional authority to adjudicate deceptive advertising claims before an administrative law judge. Following the Supreme Court's decision in SEC v. Jarkesy, the court vacated the agency's cease-and-desist order against Intuit and remanded the case for proceedings in an Article III court.
The Fifth Circuit affirmed the denial of Arturo Solis's motion for a sentence reduction because his criminal history score remained unchanged under Amendment 821. The court held that challenges to the original conviction and arguments regarding sentencing factors were not cognizable or necessary given his ineligibility.
The Fifth Circuit dismissed the appeal because the plaintiff failed to timely challenge the dismissal of most defendants that occurred nearly four years prior. The court found it lacked jurisdiction to review the orders due to the significant delay and confusion in the notice of appeal.