Tag Archives: Sentencing Guidelines

10/21/08 Opinion - US 5th Cir.

The following published opinion was released by the U.S. Court of Appeals for the Fifth Circuit on October 21, 2008:

U.S. v. Gomez (Jones, C.J., Reavley, Jolly, Davis, Smith, Wiener, Barksdale, Garza, Benavides, Dennis, Clement, Prado, Owen, Elrod, Southwick, Haynes, JJ.; opinion by Jolly, Benavides, JJ.; King, J., taking no part in consideration of case) (en […]

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 […]

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 […]

6/12/08 Opinions - US Supreme Ct.

The following opinions were released by the U.S. Supreme Court on June 12, 2008:

Boumediene v. Bush, Odah v. U.S.. Opinion of the Court by Kennedy, J., joined by Steven, Souter, Ginsburg, Breyer, JJ.; concurring opinion by Souter, J., joined by Ginsburg, Breyer, JJ.; dissenting opinion by Roberts, C.J., joined by Scalia, Thomas, Alito, JJ.; […]

6/6/08 Opinions - US 5th Cir.

The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on June 6, 2008:

U.S. v. Sanchez-Cortez (Jones, C.J., Wiener, Clement, JJ.; per curiam opinion). Affirming sentence of defendant convicted of possession with intent to distribute cocaine, where sentence was enhanced two levels for prior military court martial conviction […]

5/13/08 Opinion - US 5th Cir.

The following published opinion was released by the U.S. Court of Appeals for the Fifth Circuit on May 13, 2008:

U.S. v. Sanchez (Jones, Barksdale, Stewart, JJ.; opinion by Stewart, J.). At the time of defendant’s sentencing, no guideline existed in the Sentencing Guidelines for his crime (failure to register pursuant to the Sex Offender […]

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

The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on May 8, 2008:

Ayanbadejo v. Chertoff (Wiener, Barksdale, Dennis, JJ.; per curiam opinion) (revision of opinion originally released February 8, 2008). Reversing district court and remanding for new trial on appellants’ immigration claims. The Fifth Circuit held […]

5/2/08 Opinions - US 5th Cir.

The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on May 2, 2008:

U.S. v. Fambro (Higginbotham, Smith, Owen, JJ.; opinion by Owen, J.). The Fifth Circuit affirmed the defendant’s conviction for being a felon in possession of a firearm and his sentence of 327 months’ imprisonment. […]

4/30/08 Opinions - US 5th Cir.

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

U.S. v. Gulley (King, DeMoss, Southwick, JJ.; per curiam) (substituted for opinion released April 8, 2008). The Fifth Circuit held that there was sufficient evidence for a rational jury to conclude that the defendant aided […]

4/29/08 Opinions - US 5th Cir.

The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on April 29, 2008:

Patel v. Mukasey (Higginbotham, Benavides, Dennis, JJ.; opinion by Dennis, J.). Petitioner had been convicted for misprision of bank fraud, which was found by the IJ and the BIA to justify removal as an “aggravated […]