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 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 […]
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 […]
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 […]
The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on July 21, 2008:
U.S. v. Kimbrough (Reavley, Benavides, Owen, JJ.; opinion by Reavley, J.) (appeal from E.D. La.). Vacating the defendants’ sentences and remanding for resentencing. Defendants pled guilty to various obstruction of justice and accessory-after-the-fact charges […]
The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on July 18, 2008:
Louisiana v. Allstate Insurance Co. (Stewart, Owen, Southwick, JJ.; opinion by Stewart, J.; dissent by Southwick, J.) (appeal from E.D. La.). Affirming district court’s denial of motion to remand class action to state court after […]
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 following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on June 23, 2008:
U.S. v. Looney (Reavley, Jolly, Garza, JJ.; per curiam opinion). Husband and wife defendants were convicted for offenses related to firearm possession and methamphetamine trafficking, and each sentenced to 548 months’ imprisonment. In affirming […]