The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on April 16, 2008:

• Madison Materials Co. v. St. Paul Fire & Marine Ins. Co. (Jones, Wiener, Clement, JJ.; opinion by Wiener, J.) (revised from opinion released on April 2, 2008). Affirming summary judgment of district court in favor of insurer on employee theft policy, holding that incidents of employee thefts occurring over ten-year period constituted a “single occurrence,” such that insured was entitled only to single limit of $350,000.00.
• U.S. v. Bonilla (Jones, Davis, Garza, JJ.; opinion by Davis, J.; dissent by Garza, J.) (revised from opinion released April 10, 2008). Affirming sentence of defendant for being unlawfully present in U.S. after deportation; holding that defendant’s challenge to constitutionality of prior felony and aggravated felony convictions as sentencing factors was foreclosed by U.S. Supreme Court precedent; holding that district court erred in treating prior New York state conviction for attempted manslaughter as supporting a crime-of-violence enhancement; holding that district court nevertheless appropriately sentenced defendant using reasonable alternative non-Guideline sentence.