Every decision we've summarized from United States Court of Appeals for the Fifth Circuit.
The United States Court of Appeals for the Fifth Circuit affirmed a life sentence imposed on a defendant convicted of enticement and attempted enticement of a minor. The court held that the defendant failed to demonstrate that the district court committed error in balancing sentencing factors or considering mitigating evidence regarding his history of childhood sexual abuse.
The Fifth Circuit affirmed the dismissal of a plaintiff's claim that the City of Corpus Christi selectively enforced building codes against her historic property in violation of the Equal Protection Clause. The court held that the plaintiff failed to plead sufficient facts to establish a municipal policy or custom of discrimination under Section 1983.
The United States Court of Appeals for the Fifth Circuit granted a motion to withdraw appointed counsel and dismissed an appeal filed by Phillip Sean Anthony. The court found the appeal presented no non-frivolous issue for appellate review after examining the Anders brief and the record.
The United States Court of Appeals for the Fifth Circuit dismissed an appeal regarding the revocation of supervised release. The court found the case moot because the defendant had completed his sentence and been released from custody.
The Fifth Circuit affirmed the denial of a federal prisoner's motion for compassionate release, ruling that the district court did not abuse its discretion. The appellate court held that even if extraordinary and compelling reasons existed, the district court properly weighed the seriousness of the offenses against public safety concerns.
The United States Court of Appeals for the Fifth Circuit affirmed a conviction for illegal reentry after the appellant conceded that his constitutional challenge was foreclosed by Supreme Court precedent. The court granted the government's motion for summary affirmance, noting that the argument regarding the statutory sentencing enhancement was already settled by Almendarez-Torres.
The Fifth Circuit affirmed a federal sentence, holding that Louisiana's armed robbery statute qualifies as a crime of violence under the Sentencing Guidelines. The court rejected the argument that the state law allows for reckless conduct, finding that the statutory elements inherently require the intentional use of force.
The Fifth Circuit affirmed Asha Kisindja's conviction for conspiring to transport illegal aliens resulting in death, applying a plain error standard due to her failure to object in the district court. The court held that the record demonstrated she understood the nature of the charge and that a sufficient factual basis existed for her guilty plea under Federal Rule of Criminal Procedure 11.
The Fifth Circuit granted the Federal Public Defender's motion to withdraw and dismissed the appeal due to an insufficiently developed record. The court found it could not fairly evaluate the defendant's claim of ineffective assistance of counsel.
The Fifth Circuit affirmed a mandatory minimum sentence for a drug conspirator, ruling that joint occupancy of a residence where a firearm was found constitutes constructive possession. This finding rendered the defendant ineligible for the statutory safety valve that would have otherwise allowed the court to disregard the mandatory minimum.