The following published opinion was released by the U.S. Court of Appeals for the Fifth Circuit on September 17, 2008:
U.S. v. Pillado-Chaparro (Davis, Garza, Prado, JJ.; per curiam opinion) (appeal from M.D. La.). Affirming defendant’s sentence for illegal reentry. In sentencing the defendant, the district court applied a sixteen-level enhancement for a prior […]
The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on September 16, 2008:
U.S. v. Porter (Smith, Wiener, Haynes, JJ.; opinion by Wiener, J.) (appeal from N.D. Tex.). Affirming conviction of defendant on counts of conspiring to make and pass counterfeit obligations. The Fifth Circuit held that the […]
The following opinion was released by the Louisiana Supreme Court on September 9, 2008:
Louisiana v. Anderson (Johnson, J.). Affirming conviction for first degree murder and sentence of death. The Supreme Court held that the statutory definition of mental retardation for purposes of an Atkins claim, which definition requires onset by age eighteen, was […]
The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on September 10, 2008:
Marseilles Homeowners Condominium Association Inc. v. Fidelity National Insurance Co. (Barksdale, Benavides, Dennis, JJ.; per curiam opinion) (appeal from E.D. La.). Affirming summary judgment in favor of flood insurance provider, on basis that insured failed […]
The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on September 9, 2008:
U.S. v. Guitierrez-Avascal (Barksdale, Benavides, Dennis, JJ.; opinion by Barksdale, J.) (appeal from S.D. Tex.). Affirming order of restitution upon conviction for conspiracy to possess marijuana with intent to distribute. The Fifth Circuit held […]
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, […]
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 […]
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 […]
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 […]
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 […]