Tag Archives: criminal

8/29/08 Opinion - US 5th Cir.

The following published opinion was released by the U.S. Court of Appeals by the Fifth Circuit on August 29, 2008:

U.S. v. Salazar (Higginbotham, Davis, Barksdale, JJ.; opinion by Barksdale, J.) (appeal from E.D. Tex.). Affirming conviction and sentence for witness tampering offense. The Fifth Circuit affirmed the conviction against the defendant’s sufficiency challenge, […]

8/26/08 Opinions - US 5th Cir.

The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on August 26, 2008:

Jenkens & Gilchrist APC v. Groia & Co. (Jones, C.J., Davis, Garza, JJ.; opinion by Garza, J.) (appeal from S.D. Tex.). Affirming in part and vacating in part district court’s denial of Rule 60(b) motion […]

8/22/08 Opinions - US 5th Cir.

The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on August 22, 2008:

Mapes v. Bishop (King, Higginbotham, Garza, JJ.; per curiam opinion) (appeal from M.D. La.) (sua sponte recalling mandate, withdrawing prior panel opinion, and issuing new panel opinion). One year following his acquittal on charges of […]

8/19/08 Opinions - US 5th Cir.

The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on August 19, 2008:

U.S. v. Duhon (Reavley, Garza, Benavides, JJ.; opinion by Benavides, J.) (appeal from W.D. La.) (on remand from U.S. Supreme Court). Affirming downward variance for sentence of sixty months’ probation on conviction on one count […]

8/14/08 Opinions - US 5th Cir.

The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on August 14, 2008:

U.S. v. Reasor (Higginbotham, Stewart, Southwick, JJ.; opinion by Stewart, J.) (appeal from W.D. Tex.). Affirming sentence of defendant on multiple counts of forgery, mail fraud, and credit fraud. Defendant had been sentenced to […]

8/13/08 Opinions - US 5th Cir.

The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on August 13, 2008:

U.S. v. Garza (Smith, DeMoss, Stewart, JJ.; opinion by Smith, J.) (appeal from S.D. Tex.). Vacating district court’s sentence enhancement for creating “substantial risk of death or serious bodily injury to another person” in sentencing […]

8/12/08 Opinions - US 5th Cir.

The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on August 12, 2008:

Wardlaw v. Cain (Garza, Dennis, Mills, JJ.; per curiam opinion) (appeal from M.D. La.). Affirming district court’s dismissal of petitioner’s claims as untimely under AEDPA. The Fifth Circuit held that Smith v. Ward, 209 […]

8/11/08 Opinions - US 5th Cir.

The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on August 11, 2008:

Dorsey v. Portfolio Equities Inc. (Jones, C.J., Wiener, Clement, JJ.; opinion by Clement, J.) (appeal from N.D. Tex.). Affirming in part and reversing in part district court’s dismissal of plaintiff’s federal securities fraud claims. […]

7/30/08 Opinions - US 5th Cir.

The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on July 30, 2008:

U.S. v. Baker (Jolly, Clement, Owen, JJ.; opinion by Owen, J.) (appeal from S.D. Tex.). Vacating in part and affirming in part conviction on child pornography charges, and remanding for resentencing. The Fifth Circuit […]

7/28/08 Opinions - US 5th Cir.

The following opinions were released by the U.S. Court of Appeals for the Fifth Circuit on July 28, 2008:

Richardson v. Quarterman (Jones, C.J., Garwood, Jolly, JJ.; opinion by Garwood, J.) (appeal from N.D. Tex.). Affirming denial of habeas relief to petitioner on argument that trial judge should have recused himself because the trial judge’s […]