The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on June 27, 2008:

• ITT Educational Services, Inc. v. Arce (Higginbotham, Benavides, Dennis, JJ.; opinion by Benavides, J.). Affirming injunctive relief granted pursuant to suit to enforce confidentiality agreement to prevent dissemination of arbitrator’s findings to third parties. The Fifth Circuit held that arbitration agreement (which contained the confidentiality provision) was separable from underlying contract between the parties, such that, even if the underlying contract were found to be fraudulently induced, the arbitration agreement remained fully enforceable.
• U.S. v. Crawley (Jones, C.J., Barksdale, Stewart, JJ.; opinion by Barksdale, J.). Affirming conviction and sentence of defendant for several counts of voter fraud related to his election as president of Teamsters Union local chapter. The defendant was convicted of falsifying ballots and of receiving a kick-back on a union contract, and was sentenced to 78 months’ imprisonment and approximately $121,000 in restitution. The Fifth Circuit held that the district court did not err under Federal Rule of Evidence 404(b) in admitting testimony regarding whether the defendant had committed similar ballot falsification in a prior election that was not one of the charged offenses; and that the district court did not commit clear error in including the entire amount of the defendant’s salary and pension in calculating the intended loss for voter fraud for sentencing purposes.