Every decision we've summarized from United States Court of Appeals for the Fifth Circuit.
The Fifth Circuit affirmed the denial of asylum, withholding of removal, and Convention Against Torture protection because the petitioner failed to prove a nexus between his alleged persecution and his proposed social group. The court also held it lacked jurisdiction to review the denial of a motion for continuance.
The Fifth Circuit affirmed Timothy Muller's conviction for transmitting threats and retaliating against a federal official, ruling that his voicemails and texts constituted true threats rather than protected political speech. The court further rejected Muller's challenges regarding jury instructions, judicial conduct during trial, and jury composition, finding no reversible error in the proceedings.
The United States Court of Appeals for the Fifth Circuit dismissed an appeal filed by a pro se litigant seeking in forma pauperis status. The court found the appellant's arguments conclusory and patently meritless, ruling that the appeal was frivolous.
The United States Court of Appeals for the Fifth Circuit affirmed the conviction of Desmonte Dwayne Leonard for possession of a firearm after a felony conviction. The court granted the government's motion for summary affirmance, ruling that Leonard's Second Amendment challenge is foreclosed by existing precedent.
The Fifth Circuit summarily affirmed a conviction and sentence for illegal reentry, rejecting a constitutional challenge to a statutory sentencing enhancement. The court held that the defendant's argument was foreclosed by Supreme Court precedent in Almendarez-Torres v. United States.
The Fifth Circuit affirmed William Flanagan's 235-month sentence for methamphetamine trafficking, finding no clear error in the district court's criminal history score calculation. The court held that Flanagan failed to demonstrate that any miscalculation regarding prior convictions affected the outcome of his sentencing.
The Fifth Circuit affirmed the district court's judgment, holding that the Laredo Police Department's investigatory stop was supported by reasonable suspicion. Because the stop was lawful, the court rejected the defendant's motion to suppress evidence gathered during the encounter.
The Fifth Circuit affirmed Julio Cesar Luna's convictions for transporting illegal aliens, ruling the district court acted within its discretion to dismiss a biased juror. The court also vacated an amended judgment entered by the district court while the appeal was pending, finding the lower court lacked jurisdiction to alter the record during that time.
The Fifth Circuit affirmed a district court's award of litigation costs to Southern Methodist University, ruling that the university qualified as a prevailing party despite one plaintiff's claims surviving summary judgment. The court held that SMU was entitled to recover fees for deposition videos, transcripts, and copying under 28 U.S.C. § 1920 because these expenses were necessary for trial preparation.
The Fifth Circuit affirmed a criminal sentence, holding that a district court satisfies notice requirements for supervised-release conditions by orally adopting them from the Presentence Investigation Report. The court further found that the record contained ample evidence that defense counsel had reviewed the report with the defendant, even without a specific on-the-record inquiry to the defendant.