The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on June 3, 2008:

• U.S. v. Davis (Davis, Smith, DeMoss, JJ.; per curiam opinion). Defendant pleaded guilty to felon in possession of a firearm; his guilty plea contained an appeal waiver. Upon his appeal, his federal public defender moved to withdraw as counsel under Anders on the basis that the appeal was frivolous due to the appeal waiver. The Fifth Circuit denied the counsel’s Anders motion, finding that the record did not show that the public defender had made an individual Acquaye inquiry of the U.S. Attorney’s Office as to whether the U.S. Attorney would seek to enforce the appeal waiver in this case, and that the attorney seeking to withdraw may not rely on a statement that the U.S. Attorney will seek generally to enforce appeal waivers when the U.S. Attorney’s Office has indicated that it would not do so in particular circumstances.
• Maples v. Partain (Reavley, Jolly, Garza, JJ.; per curiam opinion; concurrence in part and dissent in part by Garza, J.) (withdrawing unpublished opinion released May 30, 2008, and substituting new opinion in its place, designated for publication at request of Garza, J.). Affirming district court’s affirmance of bankruptcy court’s final judgment, over pro se objections on appeal. The per curiam majority found that the pro se appellant’s arguments were disorganized and poorly briefed, and held that the judgment must be affirmed because there is no basis in the briefs or the record to find that the appellant ever had any interest in the assets at issue at any relevant time. Judge Garza concurred in part and dissented in part, opining that the poor briefing should not be the basis for the court to abdicate its appellate review responsibilities. His partial dissent was on the basis that the bankruptcy court did not have subject matter jurisdiction over the merits of the appellant’s counterclaim.

The Fifth Circuit also released revised opinions in Kadlec Medical Center v. Lakeview Anesthesia Associates, originally released on May 8, 2008, and in St. Paul Travelers Insurance Co. v. Century Asphalt Materials LLC, originally released on May 23, 2008.