The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on May 21, 2008:

• U.S. v. Gould (Davis, Southwick, Clark, JJ.; opinion by Southwick, J.). During the arresting incident, the defendant fled on foot from several officers who had drawn their guns and ordered him to stop, prior to being apprehended. The defendant subsequently pled guilty to one count of conspiracy to possession of a controlled substance with intent to distribute and to one count of possession of a firearm in furtherance of the drug offense; in sentencing, the district court applied a two-level enhancement for “reckless endangerment” due to the defendant’s flight following orders to stop. The Fifth Circuit held that there was an insufficient factual basis for the reckless endangerment enhancement, that mere flight cannot equate to reckless endangerment, and vacated the defendant’s sentence and remanded for resentencing.
• Whitt v. Stephens County (Smith, Prado, Yeakel, JJ.; opinion by Smith, J.). Affirming summary judgment in favor of sheriff in his official capacity, county, and John Does named in place of unknown jailers and against father who was suing on behalf of his son who had committed suicide under suspicious circumstances while in a general holding cell at the county prison. The Fifth Circuit held that the record provided no support for a claim against the sheriff in his official capacity or against the county, and that any claims against the unnamed defendants (the John Does) were untimely as the statute of limitations had run and there could be no relation-back to the date of the filing of the complaint for John Does.