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 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 United States Court of Appeals for the Fifth Circuit dismissed an appeal as moot because the defendant had been released from custody with no remaining supervised release term. The court granted the Federal Public Defender's motion to withdraw under Anders procedures.
The Fifth Circuit dismissed Jason Wayne McBride's appeal as frivolous because he sought free copies of court records while no habeas proceeding was pending. The court clarified that 28 U.S.C. § 2250 only authorizes free copies when a live action is active, but prisoners may still purchase records by contacting the clerk.
The Fifth Circuit dismissed Daniel Thomason Smith's appeal as frivolous because he had not yet served the ten-year minimum sentence required for compassionate release under U.S.S.G. § 1B1.13(b)(6). The court further held that the district court did not abuse its discretion in denying relief based on the nature of the offenses and the defendant's criminal history.
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 review.
The Fifth Circuit affirmed the dismissal of a wrongful death lawsuit against a Louisiana prison warden, ruling that issuing padlocks to inmates was a reasonable security measure that did not violate the Eighth Amendment. The court held that the low frequency of padlock-related assaults and the necessity of securing inmate property failed to establish the deliberate indifference required for liability.
The Fifth Circuit affirmed a 114-month prison sentence for a convicted felon convicted of conspiracy to provide a firearm and possession of a firearm. The court held that the district court did not abuse its discretion by ordering consecutive sentences despite probation recommendations for concurrent terms.
The Fifth Circuit affirmed a conviction for illegal reentry where the defendant challenged a statutory sentencing enhancement. The court held that the defendant's constitutional argument was foreclosed by the Supreme Court's decision in Almendarez-Torres.
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 the denial of qualified immunity for a teacher's First Amendment free speech and free exercise claims, holding that a principal's categorical ban on visible teacher prayer violates clearly established law under Kennedy v. Bremerton. However, the court reversed the denial of qualified immunity for the equal protection claim, ruling that the complaint failed to allege the principal's personal involvement in disparate treatment.