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The Fifth Circuit dismissed a criminal appeal after reviewing the record and agreeing with appointed counsel that the case presented no nonfrivolous issues for review. The court granted the Federal Public Defender's motion to withdraw and excused them from further responsibility in the matter.
The Third Circuit affirmed a district court's imposition of Rule 11 sanctions against an attorney for filing a frivolous motion to alter or amend judgment. The court held that the attorney failed to conduct a reasonable inquiry into the factual basis of his client's claim that a collective bargaining agreement was newly available evidence.
The Tenth Circuit affirmed summary judgment for jail officers in an excessive force claim where the plaintiff failed to prove a specific officer caused a non-de minimis injury. The court also upheld the dismissal of a second lawsuit because the plaintiff failed to serve defendants within the time limits required by the Federal Rules of Civil Procedure.
The United States Court of Appeals for the Tenth Circuit dismissed a petition for review because the petitioner failed to prosecute the case. The court declined to address the underlying constitutional claims due to procedural inaction.
The Eleventh Circuit dismissed the State of Georgia's appeal for lack of jurisdiction, declining to rule on whether a federal district court can grant a limited remand to allow a state to seek a superseding indictment. The court held that the district court's denial of the motion was not a final, appealable order under the collateral order doctrine or the injunction statute.
The Fifth Circuit dismissed an appeal by a defendant who failed to prove the government breached his plea agreement. The court held that the government satisfied its sentencing recommendation obligation by including it in the presentence report.
The Fifth Circuit dismissed a petition for review challenging the Board of Immigration Appeals' refusal to reopen immigration proceedings, ruling that the petitioner's motions were untimely. The court held that the petitioner failed to demonstrate an abuse of discretion or entitlement to equitable tolling.
The Fifth Circuit affirmed the dismissal of a pro se plaintiff's Section 1983 challenge to a Texas discovery statute, holding that the Younger abstention doctrine bars federal intervention. The court ruled that the plaintiff had an adequate opportunity to raise his constitutional claims within the ongoing state criminal proceedings.
The Tenth Circuit vacated a second-degree murder sentence because the district court improperly applied a sentencing departure for the use of a firearm and failed to adequately justify the extent of its departures. The court held that the use of a weapon in a typical second-degree murder case is already accounted for in the base guidelines, and the district court did not explain why this case fell outside that ordinary range.
The Tenth Circuit denied Jesus Dominguez's request for a certificate of appealability, upholding the district court's dismissal of his federal habeas petition as untimely. The court found that Dominguez failed to show that reasonable jurists could debate the correctness of the procedural ruling regarding the statute of limitations.
