543 results for 'court:"5th Circuit"'.
[Consolidated] J. Higginbotham finds the district court properly convicted defendants by guilty plea for fraudulent Medicare billing. The owner and an employee of the mental health rehab clinic stipulated to a loss of $3.5 million and recommended the judge order that much in restitution. Both defendants now argue the restitution order was erroneous, with the employee also saying the loss should not have been attributed to her. There was an adequate factual basis to support the pleas, and the restitution did not exceed the actual loss. The court appropriately used the total amount when calculating the sentences and defendants received the benefit of their plea agreements when the more-than-50-count indictment was dismissed. Affirmed.
Court: 5th Circuit, Judge: Higginbotham , Filed On: February 14, 2024, Case #: 22-30242, Categories: Fraud, Restitution, Plea
Per curiam, the circuit finds the district court properly dismissed the motorcyclist's claims arising from the impoundment of his vehicle for driving without license plates. The rider's tort claims are time-barred, as he filed them outside the one-year statute of limitations.
Court: 5th Circuit, Judge: Per curiam, Filed On: February 12, 2024, Case #: 23-30146, Categories: Tort, Vehicle, Due Process
Per curiam, the circuit finds the district court properly denied defendant's motion for a writ of audita querela. Convicted for conspiracy to distribute synthetic cannabinoids, defendant stipulated that bank assets, currency, a luxury car and gold bars would be forfeited. Defendant's counsel withdrew, and defendant argues he was denied counsel through his forfeiture proceedings. However, a forfeiture judgment must be challenged on direct appeal. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: February 12, 2024, Case #: 23-10690, Categories: Drug Offender, Forfeiture, Due Process
J. Wilson finds the district court properly convicted the Mexican citizen defendant for possession of a firearm by an illegal alien. Defendant has admitted to entering the country illegally on other occasions, as well as having been arrested for such. Most recently, defendant's pregnant wife called police, alleging he assaulted her and threatened to shoot her in the stomach, and the firearm was found in his truck. Affirmed.
Court: 5th Circuit, Judge: Wilson , Filed On: February 12, 2024, Case #: 22-30821, Categories: Evidence, Firearms, Immigration
J. Douglas grants the rehab center's petition for panel rehearing on the district court's determination a collective action may proceed under the Fair Labor Standards Act. The district court applied the incorrect legal standard assessing employee status. Furthermore, evidence that calculations could be completed on a class-wide basis by the proposed method is undeveloped, and the district court did not engage directly with the center's offset defense, as required for certification.
Court: 5th Circuit, Judge: Douglas , Filed On: February 9, 2024, Case #: 22-20434, Categories: Employment, Class Action, Labor
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Per curiam, the circuit finds the district court properly dismissed the black IT specialist's retaliation claims. The employee resigned in protest after being passed over for a promotion, which the university accepted, viewing it as an impulsive attempt to negotiate his position. The employee showed no evidence the reason was pretext for discrimination, but only points out inconsistencies in the employment application of the black woman who was hired. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: February 9, 2024, Case #: 23-60246, Categories: Evidence, Employment Discrimination, Employment Retaliation
J. Southwick finds the district court improperly found a limitation in Texas’s DNA testing statute involving death-row inmates' entitlement to testing was unconstitutional. Convicted for capital murder, defendant made civil rights claims against Texas in an effort to secure postconviction DNA testing. However, new testing of the victim’s blood sample, a shirt belonging to an accomplice, nail scrapings and a loose hair recovered from the victim’s finger would not override the overwhelming evidence of guilt. Defendant admitted to orchestrating the robbery during which he and his accomplice entered the victim's residence with two screwdrivers, both used to stab the victim. Reversed.
Court: 5th Circuit, Judge: Southwick , Filed On: February 8, 2024, Case #: 21-70009, Categories: Constitution, Dna, Murder
Per curiam, the circuit finds the district court properly sentenced defendant to 24 months in prison after revoking his term of supervised release based on sufficient evidence. In violation of his supervised release terms, defendant broke into his pregnant ex-girlfriend's residence and assaulted her, pointed a gun at her head and threatened to kill her. He also broke into her home when she was not there and sent her texts with photos of himself inside, threatening to harm her and burn the home down. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: February 6, 2024, Case #: 23-10142, Categories: Probation, Assault, Terrorism
J. Higginson finds the trial court improperly sentenced defendant for his guilty plea conviction on charges of conspiracy to possess with intent to distribute meth. Though defendant completed pretrial drug treatment, he also tested positive for drugs and was arrested for possession. The government breached the plea agreement clause promising to recommend a reduction for acceptance of responsibility as a penalty for his breach of the pretrial release conditions. Though the sentence was within guidelines, the government has failed to rebut the presumption that its breach affected the fairness and integrity of the proceedings. Vacated.
Court: 5th Circuit, Judge: Higginson , Filed On: February 6, 2024, Case #: 22-50872, Categories: Drug Offender, Sentencing, Due Process
J. Clement finds the district court improperly dismissed the Texas inmate's pro se complaint for failure to timely effect service. The complaint was filed against five Texas prison officers, alleging they had allowed the inmate to bleed out for 45 minutes before rendering aid after he had been stabbed nine times by another inmate. The inmate also claims the officers retaliated with excessive force for his filing of a grievance. The court improperly refused to allow defendant leave to proceed in forma pauperis, which prejudiced his chances of effecting service. Reversed.
Court: 5th Circuit, Judge: Clement , Filed On: February 6, 2024, Case #: 22-40731, Categories: Due Process, Police Misconduct, Prisoners' Rights
Per curiam, the circuit finds the district court properly found for Louisiana Tech on a doctoral student's discrimination and due process claims arising from her resignation from the program after the faculty reviewed her research paper as poor. There is no evidence the university failed to investigate the student's due process complaint, or that it acted in bad faith in conducting its review. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: February 5, 2024, Case #: 23-30504, Categories: Education, Due Process, Employment Discrimination
Per curiam, the circuit finds the trial court improperly convicted defendant for aggravated battery. Defendant says he has been subject to double jeopardy as he has had three trials. His first trail resulted in a hung jury and mistrial, while the second trial was declared a mistrial due to juror scheduling issues. Though the third trial resulted in a conviction, the court erroneously declared the second mistrial based on juror availability, as juror scheduling conflicts do not rise to the level of legitimate unavailability allowing for a mistrial. Reversed.
Court: 5th Circuit, Judge: Per curiam, Filed On: February 2, 2024, Case #: 23-30086, Categories: Jury, Battery, Due Process
J. Wilson finds the district court properly sentenced defendants on convictions for conspiracy, bank robbery and firearm use. The relevant part of the First Step Act, which subjects defendants to only the 5-year minimum sentence for multiple convictions arising out of the same conduct, does not apply to post-enactment resentencings on pre-enactment sentences that were vacated after enactment. Affirmed.
Court: 5th Circuit, Judge: Wilson , Filed On: February 2, 2024, Case #: 22-10265, Categories: Robbery, Sentencing
J. Southwick finds the trial court improperly denied summary judgment to the police officers. The owner of the house filed suit after officers raided the wrong house, deploying flashbang grenades, breaking windows and breaking in the front door. Though the lead officer's efforts to identify the correct address were deficient, he did not violate clearly established law. The owner has not cited authority demonstrating violations. Reversed.
Court: 5th Circuit, Judge: Southwick , Filed On: February 1, 2024, Case #: 22-10441, Categories: Immunity, Police Misconduct
J. Graves finds the district court improperly found for the prison officials on an inmate's claim the officials failed to prevent his assault by another inmate, saying they ignored warnings he was a target. Although the officials argue the inmate had not exhausted his administrative remedies, the inmate's sworn statement says his first grievance was filed within the deadline. He then filed another grievance, which infers he either did not receive a response or received an unfavorable one. Assessment of the statement’s credibility is a matter for trial, not summary judgment. Reversed.
Court: 5th Circuit, Judge: Graves , Filed On: January 31, 2024, Case #: 22-40415, Categories: Evidence, Assault, Prisoners' Rights
J. Southwick finds the district court properly sanctioned the attorney who represented a doctor in a due process and contract action against a university. After dismissal of several claims, the attorney continued to present frivolous arguments regarding the university's potential liability. Affirmed.
Court: 5th Circuit, Judge: Southwick , Filed On: January 31, 2024, Case #: 23-30335, Categories: Education, Sanctions, Attorney Discipline
J. Graves finds the district court properly sentenced defendant on his conviction for being a felon in possession of a firearm. Defendant was on parole when, during an unemployed period, he relapsed into taking drugs and gambling. An acquaintance made during that time was approached by an ATF confidential informant, and the associate brokered a deal for the informant to purchase a firearm from defendant. Though defendant had retained employment, quit doing drugs and began spending more time with his family before his arrest, he has not shown how his prior years of drug dealing and gang participation were erroneously used as sentencing enhancements. Furthermore, defendant's sentence of 63 months in prison is within guidelines. Affirmed.
Court: 5th Circuit, Judge: Graves , Filed On: January 31, 2024, Case #: 23-10167, Categories: Drug Offender, Firearms, Sentencing
Per curiam, the circuit finds the Board of Immigration Appeals improperly denied the Chinese citizen's applications for asylum, withholding of removal and relief under the convention against torture. The immigrant entered the country in Los Angeles without proper documentation, later moved to Oklahoma, and further hearings took place in the Dallas immigration court. The case was never transferred back to Los Angeles before Ninth Circuit precedent was incorrectly applied in denying his applications. Fifth Circuit precedent must be applied. Vacated.
Court: 5th Circuit, Judge: Per curiam, Filed On: January 30, 2024, Case #: 22-60642, Categories: Evidence, Immigration, Jurisdiction
J. Douglas finds the bankruptcy court properly developed the confirmation plan and transferred remaining assets of the wood fuel pellet processing facility to the asset liquidation trustee. Third parties assigned certain legal claims to the liquidation trust based on misstatements made by a fundraiser, and the trustee pursued these in state court. Although the fundraiser could have objected to the trustee's ability to accept third-party assignments by raising the concerns as the manufacturer developed its bankruptcy plan, it is too late to raise the concerns several years after the confirmation plan. Affirmed.
Court: 5th Circuit, Judge: Douglas , Filed On: January 30, 2024, Case #: 23-30040, Categories: Bankruptcy, Trusts, Business Expectancy
J. Duncan finds the district court improperly confirmed the London arbitration panel's award granting a shipping vessel owner $200 million after chemical tanks loaded at the Port of New Orleans exploded while crossing the Atlantic Ocean. The district court lacks personal jurisdiction over the shipping company that chartered the vessel because the company did not waive its personal jurisdiction defense by entering into a letter of undertaking issued by its insurer to the owner. Also, contact with the forum did not arise from the company's deliberate activities, but from unilateral activities of others. Reversed.
Court: 5th Circuit, Judge: Duncan , Filed On: January 29, 2024, Case #: 22-30808, Categories: Maritime, Negligence, Jurisdiction
Per curiam, the circuit finds the district court improperly denied a cancer center's motion to dismiss. The employee does not dispute the cancer center is entitled to sovereign immunity from her age discrimination suit, being it is managed by the public University of Texas. But she supports her assertion it has waived immunity with reference to sex discrimination law, not constitutional age discrimination law. Also, the center's acceptance of federal funding does not waive immunity from discrimination suits. Reversed.
Court: 5th Circuit, Judge: Per curiam, Filed On: January 29, 2024, Case #: 23-20423, Categories: Constitution, Health Care, Employment Discrimination
J. Douglas finds the district court properly found in favor of Rolex in this trademark infringement suit against a watch restorer that advertises refurbished watches as "genuine Rolex," though its products contain Rolex and non-Rolex parts. The watches lacked sufficient disclosures, which created a likelihood of confusion in consumers. Rolex failed to show the knowing bad faith necessary to foreclose the restorer's equitable laches defense based on Rolex's delay in filing suit, and no damages were awarded. Affirmed in part.
Court: 5th Circuit, Judge: Douglas , Filed On: January 26, 2024, Case #: 22-10866, Categories: Trademark, Damages
J. Graves finds the district court improperly denied defendant's petition for a writ of habeas corpus. Defendant challenges his guilty plea conviction for conspiracy to possess stolen firearms, asserting ineffective assistance of counsel based on his trial attorney’s failure to consult with him about filing an appeal. Defendant has demonstrated that, but for the attorney's deficient conduct, he would have appealed. Reversed.
Court: 5th Circuit, Judge: Graves , Filed On: January 25, 2024, Case #: 22-50332, Categories: Firearms, Habeas, Ineffective Assistance
Per curiam, the circuit finds the district court properly dismissed the parents' challenge to the FDA's emergency use authorizations for child Covid-19 vaccines. The parents do not allege any facts establishing a similarity to cited cases in which children sought vaccines without parental consent, nor do they allege their children are or will be subject to any vaccine mandates possibly imposed by third parties. The parents have not demonstrated an injury in fact and do not have standing. Associated organizations also have not shown standing. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: January 23, 2024, Case #: 23-50167, Categories: Family Law, Health Care, Covid-19
J. Higginbotham finds the district court properly granted the county's motion to dismiss the estate's excessive force claims. The officer fatally shot the driver after a traffic stop for toll violations, who claimed he might have his driver's license in the trunk. He opened the trunk, opened the driver's side door, then began driving away as the officer ordered him to stop. The officer is shown on dash cam reaching into the vehicle and firing. The officer was still hanging onto the moving vehicle, believing it would run him over, which supports his reasonable belief his life was in danger. Affirmed.
Court: 5th Circuit, Judge: Higginbotham , Filed On: January 23, 2024, Case #: 22-20519, Categories: Evidence, Wrongful Death, Police Misconduct
J. Haynes finds the district court properly granted summary judgment to the Social Security Administration. Although the disability claimant argues the judge who denied her claim was ratified by an acting commissioner who was unlawfully in that role, governing code on time limits regarding presidential appointments supports the conclusion that an acting officer may serve under either the period before appointment or the period after appointment, or both. Affirmed.
Court: 5th Circuit, Judge: Haynes , Filed On: January 22, 2024, Case #: 23-40001, Categories: Government, Social Security, Agency
Per curiam, the circuit finds the district court properly denied the officer's motion to dismiss the excessive force claims. The decedent's alleged partner in an armed robbery testified officers approached them, shooting the decedent without identifying themselves during the execution of the arrest warrant. The decedent had a concealed carry permit for any weapon he may have had, and because the officers did not identify themselves, sufficient facts are pleaded as to the unlawfulness of their conduct. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: January 22, 2024, Case #: 23-20098, Categories: Evidence, Police Misconduct
Per curiam, the circuit finds the district court improperly denied qualified immunity to the officer on the evidence fabrication claims. The off-duty officer was working private security at a bar when an altercation took place that led to the officer's punching a drunken assailant in the face during an alleged assault. The district court properly granted the officer qualified immunity on excessive force and unlawful arrest claims, but the assailant has not shown the officer had the time or deliberation to fabricate evidence of assault during the sudden and chaotic incident. Reversed in part.
Court: 5th Circuit, Judge: Per curiam, Filed On: January 19, 2024, Case #: 22-10783, Categories: Civil Rights, Evidence, Police Misconduct
J. Wilson finds the district court properly dismissed this insurance dispute for lack of jurisdiction. The Texas subsidiary of the covered parent company is the only involved entity with connections to Texas. The parent company is based in Connecticut, and its insurance policy with the Illinois-based insurance company was negotiated in New York. The Texas company exercised its forum shopping privilege beyond its scope. Affirmed.
Court: 5th Circuit, Judge: Wilson , Filed On: January 18, 2024, Case #: 23-50004, Categories: Insurance, Jurisdiction
J. Willett finds the district court properly granted the book vendor's request for a preliminary injunction against the commissioner of the Texas Education Agency. The vendors sued for injunctive relief that Texas' READER Act, which requires schoolbook vendors to issue ratings for all library materials they have ever sold (or will sell), flagging materials deemed sexually explicit, violates the constitution. Because the vendors are likely to succeed on the merits of their first amendment claim, the state and the public will not be injured by the injunction. Affirmed in part.
Court: 5th Circuit, Judge: Willett , Filed On: January 17, 2024, Case #: 23-50668, Categories: Constitution, Education, Agency