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 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 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.
The Fifth Circuit dismissed an appeal challenging a district court's denial of a discovery order in a federal habeas proceeding. The court held that discovery orders are generally not appealable, leaving it without jurisdiction to review the ruling.
The Fifth Circuit affirmed the conviction of a convicted felon for firearm possession, ruling that an officer had reasonable suspicion to frisk a paralyzed passenger after observing a weapon in the driver's lap. The court further held that a defendant's stipulation to a prior felony conviction satisfies the statutory element of a prior conviction punishable by imprisonment exceeding one year.
The Fifth Circuit affirmed a five-level sentencing enhancement for distributing child pornography in exchange for valuable consideration but vacated the sentence due to an incorrect application of a pattern-of-activity enhancement. The court held that while Lopez's participation in chatrooms constituted a valid exchange, the government failed to prove the requisite pattern of sexual abuse or exploitation.
The Fifth Circuit affirmed summary judgment for a pest control company, holding that a customer provided prior express consent for pre-recorded calls by providing his phone number in a service contract. The court clarified that the TCPA statute requires only express consent for informational calls, rejecting the argument that written consent is mandatory for all pre-recorded calls.
The United States Court of Appeals for the Fifth Circuit reversed district court orders granting bond hearings to two illegal entrants. The court held that aliens present in the United States without admission are applicants for admission subject to mandatory detention without bond under the Immigration and Nationality Act.
The Fifth Circuit remanded this case to clarify the specific relief granted in a district court judgment regarding a Takings Clause violation. The appellate court found the lower court's November ruling ambiguous about whether it provided operative relief to the plaintiff.