2018 Fifth Circuit US Court of Appeals Case Law

Opinions 1001 - 1500 of 3052

Murphy v. Davis  
Date: August 24, 2018
Docket Number: 17-70007

Justia Opinion Summary: The Fifth Circuit granted petitioner a certificate of appealability (COA) to challenge the denial of two of his habeas claims. Petitioner's first claim alleged that his trial counsel was constitutionally deficient during...

Dexter Johnson v. Lorie Davis, Director
Date: August 24, 2018
Docket Number: 17-70032
USA v. Shonna Calaway
Date: August 24, 2018
Docket Number: 18-10186
Sandra Flores-De Rivas v. Jefferson Sessions, III
Date: August 24, 2018
Docket Number: 18-60355
Dwayne Myers v. Jefferson Sessions, III
Date: August 23, 2018
Docket Number: 16-60590
USA v. Jimmy Fuentes
Date: August 23, 2018
Docket Number: 17-11355
United States v. Richard  
Date: August 23, 2018
Docket Number: 17-30654

Justia Opinion Summary: The Eighth Circuit affirmed defendant's conviction and sentence for one count of transportation of child pornography. The court held that defendant waived any challenge to the factual sufficiency of his guilty plea; the...

USA v. Robert Hedrick
Date: August 23, 2018
Docket Number: 17-40072
USA v. Cecilio Sandoval-Gonzalez
Date: August 23, 2018
Docket Number: 17-51073
Danli Yang v. Jefferson Sessions, III
Date: August 23, 2018
Docket Number: 17-60581
William Starrett, Jr. v. Lockheed Martin Corporati
Date: August 23, 2018
Docket Number: 18-10389
In Re: Alfred Bourgeois
Date: August 23, 2018
Docket Number: 18-40270
Blanca Avalos v. Enrique Chavez, Jr., et al
Date: August 23, 2018
Docket Number: 18-50163
USA v. Jose Canales-Bonilla
Date: August 22, 2018
Docket Number: 15-40442
USA v. Veronique Allen
Date: August 22, 2018
Docket Number: 17-30003
Alliance for Good Government v. Coalition for Better Government  
Date: August 22, 2018
Docket Number: 17-30859

Justia Opinion Summary: Alliance filed suit seeking to enjoin Coalition's use of its logo for federal trademark infringement under the Lanham Act. The district court granted summary judgment in favor of Alliance and enjoined Coalition from usin...

USA v. Bruce Cisneros
Date: August 22, 2018
Docket Number: 17-41000
USA v. Daniel Corona-Serratos
Date: August 22, 2018
Docket Number: 17-41273
Lorenzo Cueto-Jimenez v. Jefferson Sessions, III
Date: August 22, 2018
Docket Number: 17-60532
USA v. Francisco Ancelmo
Date: August 22, 2018
Docket Number: 18-10094
Harvey Sossamon, III v. Jackie Gregory, et al
Date: August 22, 2018
Docket Number: 18-10657
Collins Nyabwa v. Houston Police Department, et al
Date: August 22, 2018
Docket Number: 18-20062
USA v. Kenneth Sanchez
Date: August 21, 2018
Docket Number: 17-11298
USA v. Mark Craven
Date: August 21, 2018
Docket Number: 17-11427
USA v. Jose Zuniga
Date: August 21, 2018
Docket Number: 17-20127
United States v. Martinez  
Date: August 21, 2018
Docket Number: 17-20230

Justia Opinion Summary: The Fifth Circuit affirmed defendant's conviction for various immigration crimes stemming from his participation in efforts to recruit and retain undocumented immigrants for employment at WMI in Houston. The court held t...

Craig Washington v. Jose Salazar
Date: August 21, 2018
Docket Number: 17-20532
Lawson v. Stephens  
Date: August 21, 2018
Docket Number: 17-40387

Justia Opinion Summary: Plaintiff filed a pro se 42 U.S.C. 1983 action against prison officials, alleging that he was denied access to rehabilitative programs and services, including sex offender treatment. The district court dismissed the suit...

Richard Plummer v. J. Willis, Warden
Date: August 21, 2018
Docket Number: 17-50931
USA v. Melanie Ivy
Date: August 21, 2018
Docket Number: 17-51092
USA v. Shawntae Fairley
Date: August 21, 2018
Docket Number: 17-60812
USA v. David Nino-Flores
Date: August 21, 2018
Docket Number: 18-10144
USA v. Jesus Chavez
Date: August 21, 2018
Docket Number: 18-50127
United States v. Calton  
Date: August 20, 2018
Docket Numbers: 15-10874, 17-10541

Justia Opinion Summary: The Fifth Circuit reversed the district court's denial of defendant's motion for two sentence reductions under 18 U.S.C. 3582(c)(2) based on Amendment 782 of the Sentencing Guidelines. The court held that no jurisdiction...

PlainsCapital Bank v. Keller Independent School Di
Date: August 20, 2018
Docket Number: 16-11802
Winfrey v. San Jacinto County  
Date: August 20, 2018
Docket Number: 16-20702

Justia Opinion Summary: The Fifth Circuit denied a petition for rehearing and a petition for rehearing en banc. The court withdrew its prior opinion and substituted this opinion. The modifications to the original opinion were minor and did not...

USA v. Jose Vega-Zapata
Date: August 20, 2018
Docket Number: 16-41219
USA v. Theresa Calton
Date: August 20, 2018
Docket Number: 17-10541
USA v. Martavious Keys
Date: August 20, 2018
Docket Number: 17-10746
USA v. James Gipson
Date: August 20, 2018
Docket Number: 17-10753
USA v. Marquis Streaty
Date: August 20, 2018
Docket Number: 17-11088
USA v. Daniel Vela
Date: August 20, 2018
Docket Number: 17-11363
Royal Robinson v. Augustus Corbett, et al
Date: August 20, 2018
Docket Number: 17-11483
USA v. Donald Golden
Date: August 20, 2018
Docket Number: 17-11517
Griener v. United States  
Date: August 20, 2018
Docket Number: 17-30465

Justia Opinion Summary: The Fifth Circuit affirmed the district court's dismissal of plaintiff's actions under the Federal Tort Claims Act (FTCA), alleging that his discharge by a VA hospital and its employees intentionally inflicted emotional...

Robae Austin v. Darrel Vannoy, Warden
Date: August 20, 2018
Docket Number: 17-30758
United States v. Urbina-Fuentes  
Date: August 20, 2018
Docket Number: 17-40425

Justia Opinion Summary: The Fifth Circuit reversed defendant's sentence, holding that the district court relied on the wrong version of the Sentencing Guidelines. The court held that because defendant's burglary conviction was not an aggravated...

USA v. Ygnacio Medrano
Date: August 20, 2018
Docket Number: 17-41043
United States v. Sanchez  
Date: August 20, 2018
Docket Number: 17-41233

Justia Opinion Summary: The Fifth Circuit affirmed the district court's imposition of an above-Guidelines revocation sentence of 32 months' imprisonment for defendant. In this case, while serving a term of federal supervised release, defendant...

Ana Hercules-Quiteno, et al v. Jefferson Sessions,
Date: August 20, 2018
Docket Number: 17-60630
Dennis Pierce, Incorporated, et al v. Letitia Pier
Date: August 20, 2018
Docket Number: 18-60019
USA v. Jose Lara-Garcia
Date: August 17, 2018
Docket Number: 15-40108
PlainsCapital Bank v. Keller Independent School Di
Date: August 17, 2018
Docket Number: 16-11802
Tony Decloues v. Darrel Vannoy, Warden
Date: August 17, 2018
Docket Number: 16-30579
USA v. Ramon Hernandez-Ramirez
Date: August 17, 2018
Docket Number: 16-41253
Samples v. Vadzemnieks  
Date: August 17, 2018
Docket Number: 17-20350

Justia Opinion Summary: The Fifth Circuit reversed the district court's denial of summary judgment to a law enforcement officer based on qualified immunity in a 42 U.S.C. 1983 action alleging that he used excessive force when he tased plaintiff...

Veritext Corp. v. Bonin  
Date: August 17, 2018
Docket Number: 17-30691

Justia Opinion Summary: Veritext filed suit challenging the Board's enforcement of La. Code Civ. Proc. Ann. art. 1434(A)(1), which provides that depositions shall be taken before an officer authorized to administer oaths, who is not an employee...

Krawietz v. Galveston Independent School District  
Date: August 17, 2018
Docket Number: 17-40461

Justia Opinion Summary: The Fifth Circuit affirmed the district court's judgment upholding a hearing officer's decision that the school district deprived plaintiff, a high school student with a disability, of a free and appropriate public educa...

United States v. Reddick  
Date: August 17, 2018
Docket Number: 17-41116

Justia Opinion Summary: At issue in this appeal was whether and when the use of hash values by law enforcement is consistent with the Fourth Amendment. The Fifth Circuit held that, under the private search doctrine, the Fourth Amendment is not...

IAS Service Group, LLC v. Jim Buckley & Assoc.  
Date: August 17, 2018
Docket Number: 17-50105

Justia Opinion Summary: IAS filed suit against defendant and his company, alleging claims of fraud, fraudulent inducement, fraud by nondisclosure, and breach of contract. Defendant filed a counter suit for breach of his employment contract with...

Sealed Appellee v. Sealed Appellant  
Date: August 17, 2018
Docket Number: 17-50487

Justia Opinion Summary: After Angus McGinty, a former Texas state court judge, pleaded guilty to Honest Services Wire Fraud after accepting bribes for favorable rulings, he sought to vacate his conviction under 28 U.S.C. 2255. McGinty argued th...

USA v. Rodolfo Saldana-Cordero
Date: August 17, 2018
Docket Number: 18-20061
United States v. $472,871.95 in Funds Seized  
Date: August 16, 2018
Docket Number: 17-10624

Justia Opinion Summary: The Fifth Circuit affirmed the district court's denial of claimants' motion to release property under civil forfeiture law. The property at issue stemmed from the sale of synthetic cannabinoids that were a controlled sub...

USA v. Gas Pipe, Incorporated, et al
Date: August 16, 2018
Docket Number: 17-10626
USA v. LaTonya Carson
Date: August 16, 2018
Docket Number: 17-11029
James Rudzavice v. E. Mejia
Date: August 16, 2018
Docket Number: 17-11491
United States v. Neba  
Date: August 16, 2018
Docket Number: 17-20520

Justia Opinion Summary: The Fifth Circuit affirmed defendant's sentence for offenses related to Medicare fraud perpetuated by herself and her husband through their jointly owned company. The court could not say that defendant's crime was not gr...

Assoc Machine Tool Technol v. Doosan Infracore Ame
Date: August 16, 2018
Docket Number: 17-20527
USA v. Juan Salinas Ruiz
Date: August 16, 2018
Docket Number: 17-20771
USA v. Josue Romero-Perez
Date: August 16, 2018
Docket Number: 17-20774
Perniciaro v. Lea  
Date: August 16, 2018
Docket Number: 17-30161

Justia Opinion Summary: Plaintiff, who suffers from schizophrenia and was committed to ELMHS, filed suit under 42 U.S.C. 1983, alleging that he received inadequate medical care and that defendants failed to protect him from harm. While at ELMHS...

Pruco Life Insurance Co. v. Wayne Breen
Date: August 16, 2018
Docket Number: 17-30591
Latory Jones, et al v. Family Dollar Stores, Inc.,
Date: August 16, 2018
Docket Number: 17-30955
United States v. Anderton  
Date: August 16, 2018
Docket Number: 17-40836

Justia Opinion Summary: The Fifth Circuit affirmed defendant's conviction of making a false statement in an immigration document in violation of 18 U.S.C. 1546(a) (Count 1); conspiracy to encourage and induce an illegal alien to reside in the U...

USA v. Marco Nufio
Date: August 16, 2018
Docket Number: 17-50579
Glass v. Paxton  
Date: August 16, 2018
Docket Number: 17-50641

Justia Opinion Summary: The Fifth Circuit affirmed the district court's dismissal of claims brought by University of Texas professors challenging a Texas law permitting the concealed carry of handguns on campus and a corresponding University po...

Nancy Elsas v. Brent Preston
Date: August 16, 2018
Docket Number: 17-60677
USA v. Lionel Thomas
Date: August 16, 2018
Docket Number: 18-30103
USA v. Jose Ramirez Galvan
Date: August 15, 2018
Docket Number: 16-11653
USA v. Bryan Gilstrap
Date: August 15, 2018
Docket Number: 17-10950
USA v. Matthew McGaugh
Date: August 15, 2018
Docket Number: 17-11399
USA v. Morris Okolo
Date: August 15, 2018
Docket Number: 17-20053
Cleophus Carraway v. Zae Zeon, et al
Date: August 15, 2018
Docket Number: 17-20271
USA v. Henry London, Jr.
Date: August 15, 2018
Docket Number: 17-20420
Pruco Life Insurance Co. v. Wayne Breen
Date: August 15, 2018
Docket Number: 17-30591
USA v. Rodney Hesson, et al
Date: August 15, 2018
Docket Number: 17-30627
John Smith v. Deray McKesson, et al
Date: August 15, 2018
Docket Number: 17-30908
USA v. Seth Turner
Date: August 15, 2018
Docket Number: 17-40201
USA v. Roland Castro
Date: August 15, 2018
Docket Number: 17-40312
Erica Chavez v. State Farm Lloyds
Date: August 15, 2018
Docket Number: 17-40861
Shelly Sanders, et al v. Rockey Wright
Date: August 15, 2018
Docket Number: 17-41027
Gregory Morse v. Codilis & Stawiarski, P.C., et al
Date: August 15, 2018
Docket Number: 17-41096
USA v. Lim Walton
Date: August 15, 2018
Docket Number: 17-51085
USA v. Paul Webb
Date: August 15, 2018
Docket Number: 18-10299
Wayne English, et al v. Lowell Cage
Date: August 15, 2018
Docket Number: 18-20014
USA v. Johny Gardner
Date: August 15, 2018
Docket Number: 18-50024
USA v. Rhonda Fleming
Date: August 14, 2018
Docket Number: 17-20448
USA v. Martin Teran-Contreras
Date: August 14, 2018
Docket Number: 17-40522
United States v. Ponce-Flores  
Date: August 14, 2018
Docket Number: 17-40807

Justia Opinion Summary: The Fifth Circuit affirmed defendant's sentence after he pleaded guilty to being unlawfully present in the United States after removal following his conviction for an aggravated felony. The court held that the district c...

USA v. Eddie Wiese, Jr.
Date: August 14, 2018
Docket Number: 17-50445
PBBM-Rose Hill, Ltd. v. Commissioner  
Date: August 14, 2018
Docket Number: 17-60276

Justia Opinion Summary: The Commissioner issued a final partnership administrative adjustment that determined PBBM was not entitled to a charitable contribution deduction to the North American Land Trust and assessed a penalty for the overvalua...

Ava Coleman v. MS Dept of Marine Resources
Date: August 14, 2018
Docket Number: 17-60644
Travis Runnels v. Lorie Davis, Director
Date: August 14, 2018
Docket Number: 17-70031
O'Donnell v. Harris County  
Date: August 14, 2018
Docket Number: 18-20466

Justia Opinion Summary: The Fifth Circuit granted a motion for stay pending appeal brought by fourteen judges in a class action against Harris County and its officials under 42 U.S.C. 1983, alleging that the County's system of setting bail for...

Steven Butler v. Lorie Davis, Director
Date: August 14, 2018
Docket Number: 18-70006
Kelso v. Butler  
Date: August 13, 2018
Docket Number: 15-30169

Justia Opinion Summary: The Fifth Circuit affirmed the district court's grant of defendant's motion for judgment as a matter of law under Federal Rule of Civil Procedure 50. In this action asserting breach of contract, the court held that, assu...

USA v. Chanze Pringler
Date: August 13, 2018
Docket Number: 16-10738
Ray Freeney v. Lorie Davis, Director
Date: August 13, 2018
Docket Number: 16-70007
USA v. Steven Carter
Date: August 13, 2018
Docket Number: 17-30862
Rigoberto Mata, Jr. v. Derek Edge
Date: August 13, 2018
Docket Number: 17-41095
Magdalena Eubank v. Lockhart Independent Sch Dist
Date: August 13, 2018
Docket Number: 17-50604
USA v. Jose Esquivel-Buentello
Date: August 13, 2018
Docket Number: 17-50637
21st Mortgage Corp. v. Glenn  
Date: August 13, 2018
Docket Number: 17-60533

Justia Opinion Summary: Under Section 506(a) of the Bankruptcy Code, delivery and setup costs should not be included in the valuation of a retained mobile home in a Chapter 13 proceeding. The Fifth Circuit affirmed the district court's judgment...

Richland Equipment Co., Inc. v. Deere & Company
Date: August 13, 2018
Docket Number: 17-60631
USA v. Helber Valdez
Date: August 10, 2018
Docket Number: 15-41013
USA v. Lugardo Vazquez-Hernandez
Date: August 10, 2018
Docket Number: 15-41687
USA v. Florencio Rosales-Mireles
Date: August 10, 2018
Docket Number: 16-50151
USA v. Jose Deleon-Facundo
Date: August 10, 2018
Docket Number: 17-20486
Ephrem Eyob v. Mitsubishi Caterpillar, Inc.
Date: August 10, 2018
Docket Number: 17-20536
Erwin Semien v. USA
Date: August 10, 2018
Docket Number: 17-40970
Smith v. Hood  
Date: August 10, 2018
Docket Number: 17-60122

Justia Opinion Summary: Plaintiff filed suit against defendants, under 42 U.S.C. 1983 and the Americans with Disabilities Act, following his involuntary civil commitment. The Fifth Circuit affirmed the district court's dismissal of plaintiff's...

USA v. Hipolito Quintero-Mendoza
Date: August 10, 2018
Docket Number: 18-20091
USA v. Fidel Flores
Date: August 9, 2018
Docket Number: 15-41209
Joseph Flores v. Lorie Davis, Director
Date: August 9, 2018
Docket Number: 16-20672
United States v. Hoffman
Date: August 9, 2018
Docket Number: 16-30013
United States v. Arata  
Date: August 9, 2018
Docket Numbers: 16-30104, 16-30226, 16-30013, 16-30527

Justia Opinion Summary: Defendants Peter Hoffman, Michael Arata, and Susan Hoffman challenged their convictions for crimes related to the submission of fraudulent claims for tax credits related to the film industry in Louisiana. The government...

USA v. Peter Hoffman
Date: August 9, 2018
Docket Number: 16-30226
USA v. Peter Hoffman, et al
Date: August 9, 2018
Docket Number: 16-30527
USA v. Tracy Love
Date: August 9, 2018
Docket Number: 17-11384
Ephrem Eyob v. Mitsubishi Caterpillar, Inc.
Date: August 9, 2018
Docket Number: 17-20536
Travis Seals, et al v. Brandon McBee
Date: August 9, 2018
Docket Number: 17-30667
James v. Woods  
Date: August 9, 2018
Docket Number: 17-30783

Justia Opinion Summary: The Fifth Circuit affirmed the district court's grant of summary judgment for father and girlfriend in an action brought by stepfather, alleging malicious-prosecution and intentional-infliction-of-emotional-distress (IIE...

USA v. Alejandro Gallegos-Lira
Date: August 9, 2018
Docket Number: 17-50210
Allan Wolf v. Deutsche Bank Natl Trust Co., et al
Date: August 9, 2018
Docket Number: 17-50732
USA v. Jose Maldonado-Flores
Date: August 9, 2018
Docket Number: 17-50741
Joseph Falcetta, Jr. v. USA
Date: August 9, 2018
Docket Number: 17-50753
USA v. Jeremiah Ybarra
Date: August 9, 2018
Docket Number: 17-50801
USA v. Mack Cole
Date: August 9, 2018
Docket Number: 17-50847
USA v. Andre O'Brien
Date: August 9, 2018
Docket Number: 17-50879
National City Golf Finance v. Scott  
Date: August 9, 2018
Docket Number: 17-60283

Justia Opinion Summary: Defendant moved to rescind a settlement from a lawsuit about golf carts and to vacate the dismissal under state contract law. The Fifth Circuit held that the district court did not have jurisdiction to resolve the motion...

Paul Blank v. Deutsche Bank Natl Trust Co.
Date: August 9, 2018
Docket Number: 18-10054
USA v. Daniel Casas-Hernandez
Date: August 9, 2018
Docket Number: 18-20048
USA v. Lionel Martinez-Labra
Date: August 9, 2018
Docket Number: 18-40083
Odle v. Wal-Mart Stores, Inc.  
Date: August 8, 2018
Docket Number: 16-10347

Justia Opinion Summary: Would-be plaintiff–intervenors filed a motion to intervene after the district court had already entered a Federal Rule of Civil Procedure 41(a)(1) stipulated dismissal of plaintiffs' claims. When the district court held...

USA v. Ringo Labrador
Date: August 8, 2018
Docket Number: 17-11008
USA v. Noe Galvan-Perez
Date: August 8, 2018
Docket Number: 17-20036
USA v. Jose Fiallos
Date: August 8, 2018
Docket Number: 17-20423
USA v. Margarito Alvarado
Date: August 8, 2018
Docket Number: 17-40684
USA v. Marcos Alvarez-Garcia
Date: August 8, 2018
Docket Number: 17-41169
USA v. Angel Solis-Sanchez
Date: August 8, 2018
Docket Number: 17-41249
USA v. Armando Zarco-Contreras
Date: August 8, 2018
Docket Number: 17-41277
USA v. Casy Frazee
Date: August 8, 2018
Docket Number: 17-51127
Donald Smith v. Angel Myers, et al
Date: August 8, 2018
Docket Number: 17-60245
Daniel Acosta-Sarmiento v. Jefferson Sessions, III
Date: August 8, 2018
Docket Number: 17-60603
Scott Pendergraft, et al v. Network of Neighbors,
Date: August 8, 2018
Docket Number: 18-20045
USA v. Jose Espinoza-Oropeza
Date: August 8, 2018
Docket Number: 18-50065
USA v. Simon Cruz-Pena
Date: August 7, 2018
Docket Number: 16-30803
Atlantic Specialty Insurance, et al v. Porter, Inc
Date: August 7, 2018
Docket Number: 16-31259
Jean Lombardi v. Bank of America, N.A., et al
Date: August 7, 2018
Docket Number: 17-10323
Adkins v. USDA  
Date: August 7, 2018
Docket Number: 17-10759

Justia Opinion Summary: At issue in this appeal was a statutory scheme that dictates how to calculate farmers' crop insurance policies. Determining that it had jurisdiction over the appeal, the Fifth Circuit held that farmers were permitted to...

USA v. Eustacio Soto, III
Date: August 7, 2018
Docket Number: 17-10972
United States v. Romero-Medrano  
Date: August 7, 2018
Docket Number: 17-20172

Justia Opinion Summary: The Fifth Circuit withdrew its prior opinion and issued the following opinion. The court affirmed defendant's conviction and sentence for distributing child pornography and possessing child pornography. The court held t...

USA v. Juan Romo Vera
Date: August 7, 2018
Docket Number: 17-20177
Norman Agnew v. Phillip Graham, et al
Date: August 7, 2018
Docket Number: 17-20672
Pam Miletello v. R M R Mechanical, Incorporated, e
Date: August 7, 2018
Docket Number: 17-30873
Saenz v. Gomez  
Date: August 7, 2018
Docket Number: 17-41004

Justia Opinion Summary: The Fifth Circuit affirmed the district court's affirmance of the bankruptcy court's judgment, holding appellants liable for a non-dischargeable judgment stemming from appellee's fraudulent misrepresentation, breach of c...

USA v. Eleasar Torres
Date: August 7, 2018
Docket Number: 17-41075
United States v. Vasquez  
Date: August 7, 2018
Docket Number: 17-50564

Justia Opinion Summary: The Fifth Circuit affirmed defendant's convictions for drug trafficking and killing while engaged in various drug-trafficking crimes. Defendant was a hitman for a violent drug cartel and his charges stemmed from efforts...

Qinglin Cheng v. Jefferson Sessions, III
Date: August 7, 2018
Docket Number: 17-60124
First Guaranty Bank v. Pioneer Health Services, In
Date: August 7, 2018
Docket Number: 17-60824
Miguel Luna v. Lupe Valdez, et al
Date: August 7, 2018
Docket Number: 18-10211
USA v. William Lozano
Date: August 7, 2018
Docket Number: 18-40002
Brandi Stokes v. Christopher Corsbie, et al
Date: August 7, 2018
Docket Number: 18-50093
USA v. Eliseo Montes, Jr.
Date: August 6, 2018
Docket Number: 16-51053
USA v. Jose Arreola Avalos
Date: August 6, 2018
Docket Number: 17-11257
USA v. Daniel Vela, Jr.
Date: August 6, 2018
Docket Number: 17-11364
USA v. Joseph Gonzales-Jacobs
Date: August 6, 2018
Docket Number: 17-11437
USA v. Kindy Romero-Medrano
Date: August 6, 2018
Docket Number: 17-20172
Durwin Abbott v. Percy Babin, et al
Date: August 6, 2018
Docket Number: 17-30514
USA v. Lewis Armstrong
Date: August 6, 2018
Docket Number: 17-30686
United States v. Brown  
Date: August 6, 2018
Docket Number: 17-40740

Justia Opinion Summary: The Fifth Circuit affirmed defendant's conviction of conspiracy to commit bank fraud. Defendant owned and operated a company that originated loans insured by the FHA. The court held that signing the loan application in t...

USA v. Alberto Castro, Jr.
Date: August 6, 2018
Docket Number: 17-41254
USA v. Jorge Montemayor-Ramirez
Date: August 6, 2018
Docket Number: 17-41255
Alaska Electrical Pension Fund v. Asar  
Date: August 6, 2018
Docket Number: 17-50162

Justia Opinion Summary: The Fund filed suit alleging that Hangar and three of its officers engaged in securities fraud. The Fifth Circuit held that the district court did not err in dismissing the section 10(b) of the Securities and Exchange Ac...

Hebbronville Lone Star Rentals, LLC v. Sunbelt Rentals Industrial Services, LLC  
Date: August 6, 2018
Docket Number: 17-50613

Justia Opinion Summary: This appeal stemmed from the parties' dispute over Lone Star's proposed adjustments to a Revenue Calculation that provided payment to Sunbelt. The arbitrator agreed with Lone Star's upward judgment to the revenue attribu...

Vega Duron v. Johnson  
Date: August 6, 2018
Docket Number: 17-60460

Justia Opinion Summary: The Fifth Circuit affirmed the district court's dismissal of an action, based on lack of subject matter jurisdiction, brought by children to halt the deportation of their father. The children argued that their father's d...

USA v. Chris Martin
Date: August 6, 2018
Docket Number: 18-20058
Vicki-Lou Novak v. Chicago Title of Texas, L.L.C.
Date: August 6, 2018
Docket Number: 18-50040
Thomas Jones v. Singing River Health Svc Fdn, et a
Date: August 6, 2018
Docket Number: 18-60130
King v. Davis  
Date: August 3, 2018
Docket Number: 15-20434

Justia Opinion Summary: The Fifth Circuit affirmed the district court's denial of habeas relief to petitioner where he was convicted of murder with a deadly weapon and sentenced to 45 months in prison. The court held that the state court's reso...

In Re: Deepwater Horizon
Date: August 3, 2018
Docket Number: 16-30918
USA v. Jose Ramos
Date: August 3, 2018
Docket Number: 16-41483
USA v. Latroy Burris
Date: August 3, 2018
Docket Number: 17-10478
USA v. Christopher Williams
Date: August 3, 2018
Docket Number: 17-11065
USA v. Larry Taylor
Date: August 3, 2018
Docket Number: 17-11183
USA v. Irving Flores-Fuentes
Date: August 3, 2018
Docket Number: 17-11351
USA v. Luis Delprado
Date: August 3, 2018
Docket Number: 17-11535
Seals v. McBee  
Date: August 3, 2018
Docket Number: 17-30667

Justia Opinion Summary: The Fifth Circuit affirmed the district court's partial summary judgment in favor of plaintiff in an action challenging Louisiana Revised Statutes 14:122 as unconstitutionally overbroad in violation of the First Amendmen...

Ricky Hayes v. Dearborn National Life Ins Co.
Date: August 3, 2018
Docket Number: 17-30670
Keith Redburn v. Charmelle Garrett
Date: August 3, 2018
Docket Number: 17-40670
Francisco Rodriguez v. Brownsville Indep Sch Dist
Date: August 3, 2018
Docket Number: 17-41115
USA v. Gerardo Yanez-Herrera
Date: August 3, 2018
Docket Number: 17-41216
USA v. Francisco Pena-Mota
Date: August 3, 2018
Docket Number: 17-41238
USA v. Luis De La Rosa-Soto
Date: August 3, 2018
Docket Number: 17-41278
USA v. Irick Oneal
Date: August 3, 2018
Docket Number: 17-50320
USA v. Victor Montalvo-Juarez
Date: August 3, 2018
Docket Number: 17-50791
USA v. Sergio Ortiz Gomez
Date: August 3, 2018
Docket Number: 17-51146
Christopher Diggs v. Burlington No & Santa Fe Rwy
Date: August 3, 2018
Docket Number: 17-60355
Jose Garcia-Perez v. Jefferson Sessions, III
Date: August 3, 2018
Docket Number: 17-60441
Williams v. Manitowoc Cranes, LLC  
Date: August 3, 2018
Docket Number: 17-60458

Justia Opinion Summary: Plaintiff filed suit against Manitowoc Cranes after her husband, John, was injured in a crane accident that rendered him physically and mentally incapacitated. The jury ruled for plaintiff, finding that Manitowoc failed...

Lesly Matamoros-Serrano, et al v. Jefferson Sessio
Date: August 3, 2018
Docket Number: 17-60610
Crutsinger v. Davis  
Date: August 3, 2018
Docket Number: 17-70018

Justia Opinion Summary: The Fifth Circuit affirmed the district court's denial of petitioner's request for $500 in funding under 18 U.S.C. 3599 for a preliminary review of DNA evidence. The court held that the district court did not abuse its d...

Mason James v. Richard Fank, et al
Date: August 3, 2018
Docket Number: 18-40093
Nautilus, Incorporated v. ICON Health & Fitness, I
Date: August 3, 2018
Docket Number: 18-50097
Jesse Cooley, Jr. v. DOWCP, et al
Date: August 3, 2018
Docket Number: 18-60020
Victor Revencu v. Jefferson Sessions, III
Date: August 2, 2018
Docket Number: 16-60851
USA v. Marko Shaw
Date: August 2, 2018
Docket Number: 17-11354
Papa Huluwazu v. Secretary of the Air Force, et al
Date: August 2, 2018
Docket Number: 17-11508
Satterfield and Pontikes Construction v. US Fire Insurance Co.  
Date: August 2, 2018
Docket Number: 17-20513

Justia Opinion Summary: A general construction contractor, S&P, filed suit against its secondary insurance provider, US Fire, after US Fire refused to cover damages S&P incurred when a courthouse construction project went awry. The Fifth Circui...

Thomas v. Vannoy  
Date: August 2, 2018
Docket Number: 17-30178

Justia Opinion Summary: The Fifth Circuit reversed the district court's grant of habeas relief to petitioner. The court held that the Louisiana Supreme Court's resolution of petitioner's Fifth Amendment double jeopardy claim on direct appeal wa...

Firefighters' Retirement System v. EisnerAmper, LLP  
Date: August 2, 2018
Docket Number: 17-30273

Justia Opinion Summary: The Fifth Circuit affirmed the district court's dismissal of plaintiffs' claims against defendant as premature. Plaintiffs alleged that Eisner, seeking to maintain its relationship with Leveraged and some related funds,...

Durwin Abbott v. Percy Babin, et al
Date: August 2, 2018
Docket Number: 17-30514
Royal SMIT Transformers BV v. Onego Shipping & Chartering, BV  
Date: August 2, 2018
Docket Number: 17-30543

Justia Opinion Summary: A Himalaya Clause that protects downstream carriers from suit by a cargo owner does not, in and of itself, limit the cargo owner's ability to receive the recovery to which it is entitled. After Royal SMIT's transformers...

USA v. David Rico
Date: August 2, 2018
Docket Number: 17-40749
USA v. Francisco Cruz-Gonzalez
Date: August 2, 2018
Docket Number: 17-41145
USA v. Christian Gutierrez
Date: August 2, 2018
Docket Number: 17-41272
United States v. Gurrola  
Date: August 2, 2018
Docket Number: 17-50325

Justia Opinion Summary: The Fifth Circuit affirmed defendant's conviction and sentence for three counts of conspiracy to kill in a foreign country and four counts of conspiracy to cause travel in foreign commerce in the commission of murder-for...

USA v. Jonathan Salazar
Date: August 2, 2018
Docket Number: 17-50420
USA v. Jose Vidales-Vazquez
Date: August 2, 2018
Docket Number: 17-51009
USA v. Jose Vidales-Vasquez
Date: August 2, 2018
Docket Number: 17-51010
Singh v. Sessions  
Date: August 2, 2018
Docket Number: 17-60320

Justia Opinion Summary: The Fifth Circuit granted a petition for review of the BIA's order affirming the IJ's decision denying petitioner's application for asylum and withholding of removal under the Immigration and Nationality Act (INA) and th...

Lawanda Jones v. Education Affiliates, Inc.
Date: August 2, 2018
Docket Number: 18-20051
Budhathoki v. Nielsen  
Date: August 1, 2018
Docket Number: 16-51449

Justia Opinion Summary: Plaintiffs, who were each over the age of 18, had filed Suits Affecting Parent-Child Relationship (SAPCR). In the SAPCR suits, the state courts awarded child support and made certain findings. After plaintiffs received t...

USA v. Vernon Wheeler
Date: August 1, 2018
Docket Number: 17-10607
David Schoor v. Mike Brown, et al
Date: August 1, 2018
Docket Number: 17-11027
US Oil Recovery Site Potentially Responsible Parties Group v. Railroad Commission of Texas  
Date: August 1, 2018
Docket Number: 17-20361

Justia Opinion Summary: PRP Group, an association cooperating with the EPA to pay costs associated with cleanup of a superfund site in Pasadena, Texas, filed suit against 1200 parties they believed should be responsible for part of the environm...

USA v. Luis Guemrany-Reyes
Date: August 1, 2018
Docket Number: 17-20612
USA v. Marcus Malbro
Date: August 1, 2018
Docket Number: 17-20777
Michael Shwartz v. Hicham Khodr
Date: August 1, 2018
Docket Number: 17-30650
Redburn v. City of Victoria  
Date: August 1, 2018
Docket Number: 17-40369

Justia Opinion Summary: The Fifth Circuit vacated the district court's grant of summary judgment in an action brought by a landowner against the City over the City's use of his residential property to drain and filter storm-sewer runoff. The co...

Nathan Jenkins v. USA, et al
Date: August 1, 2018
Docket Number: 17-60224
Moises Mejia-Cartagena v. Jefferson Sessions, III
Date: August 1, 2018
Docket Number: 17-60488
USA v. Michael Ricks
Date: August 1, 2018
Docket Number: 17-60799
USA v. Osmarlin Oviedo
Date: August 1, 2018
Docket Number: 18-20041
USA v. Angel Limon
Date: August 1, 2018
Docket Number: 18-20042
North Cypress Medical Center Operating Co. v. Aetna Life Insurance Co.  
Date: July 31, 2018
Docket Number: 16-20674

Justia Opinion Summary: NCMC filed suit alleging that Aetna underpaid out-of-network providers like NCMC in violation of the Employee Retirement Income Security Act of 1974 (ERISA) and Texas law. Aetna counterclaimed, alleging that NCMC fraudul...

USA v. Steven Green
Date: July 31, 2018
Docket Number: 16-41196
USA v. Jesus Gutierrez
Date: July 31, 2018
Docket Number: 17-11266
USA v. Garin Williams
Date: July 31, 2018
Docket Number: 17-11335
USA v. Jesus Ramirez-Hidalgo
Date: July 31, 2018
Docket Number: 17-20084
United States v. Chhay Lim  
Date: July 31, 2018
Docket Number: 17-30469

Justia Opinion Summary: Defendant conditionally pleaded guilty of possession of a firearm by an illegal alien and then appealed his pre-plea rulings denying his motions to dismiss the indictment, to admit evidence relevant to his immigration st...

USA v. Adam Baltutis
Date: July 31, 2018
Docket Number: 17-30640
Jason Hernandez v. Greg Abbott, et al
Date: July 31, 2018
Docket Number: 17-40612
Viegelahn v. Lopez  
Date: July 31, 2018
Docket Number: 17-50297

Justia Opinion Summary: Both the text of the bankruptcy statute and precedent support the conclusion that homestead proceeds that debtors acquire post-petition generally revest in them upon voluntary dismissal of their Chapter 13 case. The Fift...

USA v. Luis Martinez-Leyva
Date: July 31, 2018
Docket Number: 17-50536
USA v. Mario Gaytan Sanchez
Date: July 31, 2018
Docket Number: 18-20025
USA v. Damien Jones
Date: July 30, 2018
Docket Number: 16-11371
USA v. Ronald Norman
Date: July 30, 2018
Docket Number: 16-20088
United States v. Williams  
Date: July 30, 2018
Docket Number: 16-20815

Justia Opinion Summary: The Fifth Circuit granted defendant's motion for reconsideration of the denial of his application for a certificate of appealability (COA). The court withdrew the prior order and substituted the following opinion. The...

USA v. Luis Valle-Jaimes
Date: July 30, 2018
Docket Number: 16-50993
USA v. Macheo Hill
Date: July 30, 2018
Docket Number: 17-10949
Ernest Lopez v. Rodney Chandler
Date: July 30, 2018
Docket Number: 17-11163
John Newton v. USA
Date: July 30, 2018
Docket Number: 17-11195
USA v. William Maglicco
Date: July 30, 2018
Docket Number: 17-11401
USA v. Brady Peyton
Date: July 30, 2018
Docket Number: 17-20312
USA v. Jerry Williams
Date: July 30, 2018
Docket Number: 17-40653
United States v. Halverson  
Date: July 30, 2018
Docket Number: 17-40661

Justia Opinion Summary: The Fifth Circuit affirmed defendant's sentence after he pleaded guilty to possessing child pornography. The court held that the district court erred by adding a five-level enhancement under USSG 2G2.2(b)(3)(B) for distr...

USA v. Erick Ochoa-Rodriguez
Date: July 30, 2018
Docket Number: 17-40828
USA v. Israel Brito
Date: July 30, 2018
Docket Number: 17-50104
Roberto Villarreal v. First Presidio Bank
Date: July 30, 2018
Docket Number: 17-50765
USA v. Herman McGee, Jr.
Date: July 30, 2018
Docket Number: 17-60803
USA v. Ivan Rivera-Solis
Date: July 30, 2018
Docket Number: 18-40041
Timothy Young v. Jason Sickler, et al
Date: July 27, 2018
Docket Number: 17-11039
USA v. Armando Chavez, Jr.
Date: July 27, 2018
Docket Number: 17-11463
Fornesa v. Fifth Third Mortgage Co.  
Date: July 27, 2018
Docket Number: 17-20324

Justia Opinion Summary: The Fifth Circuit affirmed the district court's judgment in favor of Fifth Third in an action brought by plaintiffs, alleging that the bank foreclosed on a property in violation of the automatic stay imposed during Plain...

United States v. Villafranco-Elizondo  
Date: July 27, 2018
Docket Number: 17-30530

Justia Opinion Summary: The Fifth Circuit reversed the district court's grant of defendant's motion to suppress evidence from a traffic stop. The court held that the initial traffic stop was valid; and when the license check began, the officer...

USA v. Juan Gutierrez-Mejia
Date: July 27, 2018
Docket Number: 17-40302
USA v. Jorge Sifuentes, Jr.
Date: July 27, 2018
Docket Number: 17-40449
United States v. Anchundia-Espinoza  
Date: July 27, 2018
Docket Number: 17-40584

Justia Opinion Summary: The Fifth Circuit affirmed defendant's sentence after he pleaded guilty to conspiracy to possess, with the intent to distribute, cocaine while aboard a vessel subject to the jurisdiction of the United States, in violatio...

USA v. David Muniz Cereceres
Date: July 27, 2018
Docket Number: 17-50494
USA v. Oscar Gomez-Trujillo
Date: July 27, 2018
Docket Number: 17-50734
Roberto Villarreal v. First Presidio Bank
Date: July 27, 2018
Docket Number: 17-50765
Edras Ordonez-Mejia v. Jefferson Sessions, III
Date: July 27, 2018
Docket Number: 17-60213
Harry Boudreaux v. U S Framing Incorporated, et al
Date: July 27, 2018
Docket Number: 18-30050
USA v. Francisco Barrera-Reyna
Date: July 27, 2018
Docket Number: 18-40048
USA v. Oscar Benitez
Date: July 26, 2018
Docket Number: 17-20457
Clinton Ards v. Greg Abbott, et al
Date: July 26, 2018
Docket Number: 17-20707
USA v. Salvador Cruz
Date: July 26, 2018
Docket Number: 17-20752
Tramaine Beadles v. Warden USP Pollock
Date: July 26, 2018
Docket Number: 17-30815
Everett Blakes v. Dyncorp International, L.L.C.
Date: July 26, 2018
Docket Number: 17-31003
Jorge Torres v. Rachel Chapa
Date: July 26, 2018
Docket Number: 17-40798
USA v. Carlos Zatarain-Faire
Date: July 26, 2018
Docket Number: 17-41153
Sean Scott v. Scott Willis, Warden
Date: July 26, 2018
Docket Number: 17-50458
USA v. Jaime Yslas
Date: July 26, 2018
Docket Number: 17-51044
Maravi Moore v. Hank Whitman, et al
Date: July 26, 2018
Docket Number: 18-20069
Sandra Melancon, et al v. Lamorak Insurance Compan
Date: July 26, 2018
Docket Number: 18-30113
USA v. Humberto Santos-Gabino
Date: July 25, 2018
Docket Number: 16-11733
Sandra Hernandez-Andrade, et al v. Jefferson Sessi
Date: July 25, 2018
Docket Number: 16-60602
USA v. Jesus Hernandez
Date: July 25, 2018
Docket Number: 17-10617
USA v. Edgar Bernal-Gloria
Date: July 25, 2018
Docket Number: 17-11273
USA v. Sabrina Weightman
Date: July 25, 2018
Docket Number: 17-11419
USA v. Juan Alvarez-Martinez
Date: July 25, 2018
Docket Number: 17-11528
USA v. Carlos Gonzalez
Date: July 25, 2018
Docket Number: 17-20168
Gary Roach v. USA, et al
Date: July 25, 2018
Docket Number: 17-30634
USA v. James Vail
Date: July 25, 2018
Docket Number: 17-30710
USA v. Jose Mejia, Jr.
Date: July 25, 2018
Docket Number: 17-30906
United States v. Sosa  
Date: July 25, 2018
Docket Number: 17-40460

Justia Opinion Summary: The Fifth Circuit affirmed defendant's conviction for bringing methamphetamine from Mexico into the United States. The court held that, although the government engaged in misconduct where the prosecution used drug profil...

USA v. Jason Marshall-Brooks
Date: July 25, 2018
Docket Number: 17-40762
USA v. Ruben Serrano-Sierra
Date: July 25, 2018
Docket Number: 17-41117
USA v. Jesus Lopez
Date: July 25, 2018
Docket Number: 17-50209
Henry Jones v. Scott Willis
Date: July 25, 2018
Docket Number: 17-50528
USA v. Rosalio Garcia
Date: July 25, 2018
Docket Number: 17-50744
USA v. Jose Rappard-Sanchez
Date: July 25, 2018
Docket Number: 17-51024
Jean Muvunyi v. Jefferson Sessions, III
Date: July 25, 2018
Docket Number: 17-60070
Govindpreet Singh v. Jefferson Sessions, III
Date: July 25, 2018
Docket Number: 17-60187
Marina Benitez Ramos v. Jefferson Sessions, III
Date: July 25, 2018
Docket Number: 17-60602
Rafael Mendoza-Vasquez v. Jefferson Sessions, III
Date: July 25, 2018
Docket Number: 17-60657
USA v. Oscar Laguna-Gomez
Date: July 25, 2018
Docket Number: 18-40042
Richard Clark v. D. Harmon
Date: July 24, 2018
Docket Number: 17-10739
USA v. Isaiah Galbreath
Date: July 24, 2018
Docket Number: 17-11233
James Rankins, III v. John McGowan Working Prt, In
Date: July 24, 2018
Docket Number: 17-11372
USA v. Donald Kelly
Date: July 24, 2018
Docket Number: 17-41047
USA v. David Stewart
Date: July 24, 2018
Docket Number: 17-50274
USA v. Martin Reed
Date: July 24, 2018
Docket Number: 17-50745
Elfego Arce-Aguirre v. Jefferson Sessions, III
Date: July 24, 2018
Docket Number: 17-60289
USA v. Christopher Oliver
Date: July 24, 2018
Docket Number: 18-20012
USA v. Emilio Montejo-Cutino
Date: July 24, 2018
Docket Number: 18-40113
Brandi Stokes v. Christopher Corsbie, et al
Date: July 24, 2018
Docket Number: 18-50094
Sandra Hernandez-Andrade, et al v. Jefferson Sessi
Date: July 23, 2018
Docket Number: 16-60602
USA v. Steric Mitchell
Date: July 23, 2018
Docket Number: 17-10463
Jarene Fletcher v. Court of Cr Appeals of Texas
Date: July 23, 2018
Docket Number: 17-10889
USA v. Donald Brown
Date: July 23, 2018
Docket Number: 17-11223
USA v. Heriberto Rubio-Garcia
Date: July 23, 2018
Docket Number: 17-20204
United States v. Solis Ponce  
Date: July 23, 2018
Docket Number: 17-20329

Justia Opinion Summary: Defendant appealed his guilty-plea conviction and sentence for illegal reentry after deportation following an aggravated felony conviction. The Fifth Circuit held that, to the extent defendant challenged the reliability...

USA v. Earl Mitchell
Date: July 23, 2018
Docket Number: 17-30780
USA v. Richard Hatfield
Date: July 23, 2018
Docket Number: 17-31004
USA v. Jose Fernandez-Guzman
Date: July 23, 2018
Docket Number: 17-41019
USA v. Elipdio Jordan-Maldonado
Date: July 23, 2018
Docket Number: 17-41029
Diane Zamora v. William Stephens, Director, et al
Date: July 23, 2018
Docket Number: 17-50155
USA v. Guillermo Rodriguez-Sanchez
Date: July 23, 2018
Docket Number: 17-50338
United States v. Wiese  
Date: July 23, 2018
Docket Number: 17-50445

Justia Opinion Summary: The Fifth Circuit vacated the district court's judgment and dismissed defendant's 28 U.S.C. 2255 motion for lack of jurisdiction. Defendant argued that his sentence should not have been enhanced under the Armed Career Cr...

Murtaza Mussaji v. HHS
Date: July 23, 2018
Docket Number: 17-60694
Wayne Ramsay v. CIR
Date: July 23, 2018
Docket Number: 18-60136
Mance v. Sessions  
Date: July 20, 2018
Docket Number: 15-10311

Justia Opinion Summary: The Fifth Circuit denied a petition for rehearing en banc, withdrew the prior opinion, and substituted the following opinion. The court reversed the district court's decision to enjoin the enforcement of federal laws th...

USA v. Khaled Al Haj
Date: July 20, 2018
Docket Number: 17-10801
USA v. Jose Villanueva-Cardenas
Date: July 20, 2018
Docket Number: 17-11138
USA v. Jeremy Harrison
Date: July 20, 2018
Docket Number: 17-11308
Calvin Costanza, et al v. Accutrans, Incorporated
Date: July 20, 2018
Docket Number: 17-30996
USA v. Jorge Mejia
Date: July 20, 2018
Docket Number: 17-41214
USA v. Frederick Morrison, Jr.
Date: July 20, 2018
Docket Number: 17-51096
USA v. Juan Hernandez
Date: July 20, 2018
Docket Number: 18-40058
Thomas Gray, Jr. v. Zurich American Insurance Co.
Date: July 20, 2018
Docket Number: 18-60046
Jeffrey Winblad v. Gloria Davila, et al
Date: July 19, 2018
Docket Number: 15-10379
Glen Moore v. Allstate Texas Lloyd's
Date: July 19, 2018
Docket Number: 17-10904
USA v. Tommy Rodriguez
Date: July 19, 2018
Docket Number: 17-11190
USA v. Caitlyn Johnson
Date: July 19, 2018
Docket Number: 17-11247
USA v. Gregorio Landeros
Date: July 19, 2018
Docket Number: 17-11390
USA v. Stefano Vitale
Date: July 19, 2018
Docket Number: 17-20025
United States v. Armstead  
Date: July 19, 2018
Docket Number: 17-30439

Justia Opinion Summary: On remand from the United States Supreme Court, the Fifth Circuit vacated defendant's sentence and remanded for resentencing in light of Hughes v. United States, 138 S. Ct. 1765 (2018). The district court had denied de...

Ditech Financial, L.L.C. v. Dewayne Naumann, et al
Date: July 19, 2018
Docket Number: 17-50616
USA v. William Hogan
Date: July 19, 2018
Docket Number: 17-50954
Charles Mamou, Jr. v. Lorie Davis, Director
Date: July 19, 2018
Docket Number: 17-70001
Oscar Canas v. National Oilwell Varco, L.P.
Date: July 19, 2018
Docket Number: 18-20024
USA v. Amilcar Linares-Mazariego
Date: July 18, 2018
Docket Number: 15-11187
USA v. Joel Velasquez-Rios
Date: July 18, 2018
Docket Number: 15-41517
Isaias Santos, III v. Lorie Davis, Director
Date: July 18, 2018
Docket Number: 16-20304
USA v. Adalberto Aguirre-Arellano
Date: July 18, 2018
Docket Number: 16-40667
USA v. Luis Mendoza-Aceves
Date: July 18, 2018
Docket Number: 16-40975
USA v. Hector Morales-Cardenas
Date: July 18, 2018
Docket Number: 16-41206
USA v. Rene Sosa-Barrera
Date: July 18, 2018
Docket Number: 17-20772
USA v. Christopher Windham
Date: July 18, 2018
Docket Number: 17-40909
Allied Lomar, Incorporated v. Lone Star Distillery
Date: July 18, 2018
Docket Number: 17-50148
USA v. Omar Chavez
Date: July 18, 2018
Docket Number: 17-50725
USA v. Jose Gonzalez-Ayala
Date: July 18, 2018
Docket Number: 17-50887
USA v. Juan Espino-Gomez
Date: July 18, 2018
Docket Number: 17-50926
Dish Network, L.L.C. v. NLRB
Date: July 18, 2018
Docket Number: 17-60368
USA v. Patricia Chavez
Date: July 18, 2018
Docket Number: 18-40013
USA v. Quang Nguyen
Date: July 17, 2018
Docket Number: 17-20256
Stroy v. Gibson  
Date: July 17, 2018
Docket Number: 17-30373

Justia Opinion Summary: The Fifth Circuit affirmed the district court's dismissal of plaintiff's retaliation claim for lack of subject matter jurisdiction and grant of summary judgment for the VA on plaintiff's discrimination claim. Plaintiff f...

Randy Shaw v. Correctional Officer Brelan, et al
Date: July 17, 2018
Docket Number: 17-30699
USA v. LeAnna Hanchett
Date: July 17, 2018
Docket Number: 17-30745
Maria De La Garza Gutierrez, et al v. Mike Pompeo,
Date: July 17, 2018
Docket Number: 17-40305
USA v. Margarito Quintero-Rosales
Date: July 17, 2018
Docket Number: 17-40984
USA v. Cleto Duran
Date: July 17, 2018
Docket Number: 17-50246
Fath v. Texas Department of Transportation  
Date: July 17, 2018
Docket Number: 17-50683

Justia Opinion Summary: The Fifth Circuit affirmed the district court's decision holding that Texas complied with the National Environment Protection Act (NEPA) in planning for three highway projects in Austin. The court held that TxDot complie...

Dennis Kirchner, et al v. Deutsche Bank Natl Trust
Date: July 17, 2018
Docket Number: 17-50736
Evelyne Odhiambo v. Jefferson Sessions, III
Date: July 17, 2018
Docket Number: 17-60476
Juliette Fairley v. Don Ford, III, et al
Date: July 17, 2018
Docket Number: 18-50069
Whole Woman's Health, et al v. Charles Smith
Date: July 17, 2018
Docket Number: 18-50484
Young v. Gutierrez  
Date: July 17, 2018
Docket Number: 18-70023

Justia Opinion Summary: The Fifth Circuit affirmed the district court's denial of Christopher Young's requests to stay his execution. Young alleged that the Texas Board of Pardons and Paroles' decision not to recommend commutation to the Govern...

USA v. Daniel Bello
Date: July 16, 2018
Docket Number: 15-20755
United States v. Winchel  
Date: July 16, 2018
Docket Number: 16-11208

Justia Opinion Summary: The Fifth Circuit vacated the district court's restitution order imposed after defendant pleaded guilty to one count of producing child pornography, one count of transporting child pornography, and one count of possessin...

USA v. Adelio Batres
Date: July 16, 2018
Docket Number: 16-20583
USA v. Latroy Burris
Date: July 16, 2018
Docket Number: 17-10478
USA v. Jose Rittingger
Date: July 16, 2018
Docket Number: 17-10804
USA v. Christian Scott
Date: July 16, 2018
Docket Number: 17-11347
Reza Ahmadi, et al v. Glenvest, L.L.C.
Date: July 16, 2018
Docket Number: 17-20359
Collins v. Mnuchin  
Date: July 16, 2018
Docket Number: 17-20364

Justia Opinion Summary: Shareholders challenged a 2012 agreement between the FHFA, as conservator to Fannie and Freddie, and the Treasury Department. Under the agreement, Treasury provided billions of taxpayer dollars in capital and, in exchang...

Furlough v. Cage  
Date: July 16, 2018
Docket Number: 17-20603

Justia Opinion Summary: The Fifth Circuit treated appellant's motion to amend its opinion as a petition for panel rehearing and granted the petition. The court withdrew the prior opinion and substituted the following opinion. This appeal stemm...

USA v. Luis Aguilar
Date: July 16, 2018
Docket Number: 17-40941
USA v. Charles Banks, IV
Date: July 16, 2018
Docket Number: 17-50654
Fannie Jennings v. Wal-Mart, Incorporated
Date: July 16, 2018
Docket Number: 17-60314
Entergy Mississippi, Inc. v. Marquette Transportat
Date: July 16, 2018
Docket Number: 17-60719
Whole Woman's Health v. Smith  
Date: July 15, 2018
Docket Number: 18-50484

Justia Opinion Summary: Plaintiffs, several Texas healthcare providers licensed to perform abortions in the state, filed suit under 42 U.S.C. 1983, alleging that the costs imposed by regulations regarding the disposal of embryonic and fetal tis...

USA v. Gregorio Gonzalez-Longoria
Date: July 13, 2018
Docket Number: 15-40041
In re: Crescent Energy Service  
Date: July 13, 2018
Docket Number: 16-31214

Justia Opinion Summary: The Fifth Circuit affirmed the district court's grant of summary judgment for Carrizo in an action stemming from a contract to plug and abandon oil wells. In the underlying action, a Crescent employee was severely injure...

Campbell Harrison & Dagley, L. v. Albert Hill, III
Date: July 13, 2018
Docket Number: 17-10272
Autobahn Imports, L.P. v. Jaguar Land Rover North America  
Date: July 13, 2018
Docket Number: 17-10737

Justia Opinion Summary: This appeal stemmed from a dispute between Jaguar and Autobahn concerning chargebacks of around $300,000 in incentive payments the distributor had made to the dealer. The Board of the Texas Department of Motor Vehicles d...

USA v. Yonny Texis-Cruz
Date: July 13, 2018
Docket Number: 17-20800
United States v. Smith  
Date: July 13, 2018
Docket Number: 17-30065

Justia Opinion Summary: Defendants Smith and Washington were convicted of sex trafficking involving a fourteen-year-old girl. The Fifth Circuit affirmed Washington's conviction and sentence, holding that sufficient evidence supported the trial...

Tractor and Equipment Company v. Dual Trucking and
Date: July 13, 2018
Docket Number: 17-30286
USA v. Taurus Legendre
Date: July 13, 2018
Docket Number: 17-30576
USA v. Raphew Reed, Jr.
Date: July 13, 2018
Docket Number: 17-30729
USA v. Graham Gyde
Date: July 13, 2018
Docket Number: 17-30748
Michael Robertson v. Sid Gautreaux, III, et al
Date: July 13, 2018
Docket Number: 17-30946
USA v. Jaime Lopez-Estrada
Date: July 13, 2018
Docket Number: 17-50842
Gerardo Rivera-Valerino v. Jefferson Sessions, III
Date: July 13, 2018
Docket Number: 17-60542
Kristen Lewis v. Kroger Limited Partnership I, et
Date: July 13, 2018
Docket Number: 18-60092
USA v. Candido Perez-Conde
Date: July 12, 2018
Docket Number: 15-41375
USA v. Rudy Martinez-Castillo
Date: July 12, 2018
Docket Number: 16-40072
Revencu v. Sessions  
Date: July 12, 2018
Docket Number: 16-60851

Justia Opinion Summary: The Fifth Circuit dismissed in part and denied in part a petition for review of the BIA's decision upholding the IJ's denial of his application for withholding of removal under the Immigration and Nationality Act, 8 U.S....

James Goff v. William Pert, et al
Date: July 12, 2018
Docket Number: 17-10417
USA v. Miguel Rivas-Estrada, et al
Date: July 12, 2018
Docket Number: 17-40124
USA v. Juan Compian
Date: July 12, 2018
Docket Number: 17-40810
USA v. Luis Romo-Padron
Date: July 12, 2018
Docket Number: 17-41202
USA v. Luis Romo-Padron
Date: July 12, 2018
Docket Number: 17-41205
United States v. Robles-Avalos  
Date: July 12, 2018
Docket Numbers: 17-50633, 17-51037

Justia Opinion Summary: The Fifth Circuit affirmed the district court's denial of defendants' motion to suppress after they pleaded guilty to aiding and abetting possession with intent to distribute marijuana. The court held that the totality o...

United States v. Guevara-Lopez
Date: July 12, 2018
Docket Number: 17-51037
Hugo Granados-Guevaras v. Jefferson Sessions, III
Date: July 12, 2018
Docket Number: 17-60021
Wachob Leasing Company, Inc. v. Gulfport Aviation
Date: July 12, 2018
Docket Number: 17-60290
USA v. Victor Quinonez-Saa
Date: July 11, 2018
Docket Number: 15-20606
Erickson v. Davis  
Date: July 11, 2018
Docket Number: 16-20651

Justia Opinion Summary: The Fifth Circuit vacated the district court's grant of Texas's motion for summary judgment on the basis that petitioner's habeas corpus petition was time-barred. Petitioner argued, and the state conceded, that his 28 U....

Stemcor USA Inc. v. Cia Siderurgica do Para Cosipar  
Date: July 11, 2018
Docket Number: 16-30984

Justia Opinion Summary: The Fifth Circuit granted TKM's, the intervenor plaintiff, motion for panel rehearing and denied the motion for rehearing en banc. The court withdrew the prior opinion and substituted the following opinion. Daewoo file...

John Turner v. Lorie Davis, Director, et al
Date: July 11, 2018
Docket Number: 16-51417
Escobar v. Montee  
Date: July 11, 2018
Docket Number: 17-10467

Justia Opinion Summary: Plaintiff filed suit under 42 U.S.C. 1983, alleging, among other things, that the initial bite from a police dog and the continued biting were excessive force in violation of the Fourth Amendment. The district court dism...

USA v. Cruz Perez
Date: July 11, 2018
Docket Number: 17-10591
USA v. Dennis Hagan
Date: July 11, 2018
Docket Number: 17-10683
USA v. Rolando Humphrey
Date: July 11, 2018
Docket Number: 17-10927
USA v. Alfredo Martinez-Rey
Date: July 11, 2018
Docket Number: 17-10978
Lonnie Welsh v. Texas Civil Commitment Office, et
Date: July 11, 2018
Docket Number: 17-11092
USA v. Thomas Stewart
Date: July 11, 2018
Docket Number: 17-11258
USA v. David Hernandez
Date: July 11, 2018
Docket Number: 17-11283
Collins Nyabwa v. USA
Date: July 11, 2018
Docket Number: 17-20466
Juan Amaya v. NOYPI Movers, L.L.C., et al
Date: July 11, 2018
Docket Number: 17-20635
White Oak Realty, L.L.C., et al v. U.S. Army Corps
Date: July 11, 2018
Docket Number: 17-30438
Mohammed Abdallah Omran v. Steve Prator, et al
Date: July 11, 2018
Docket Number: 17-30680
USA v. Eddie Beraud, Jr.
Date: July 11, 2018
Docket Number: 17-30764
USA v. Daniel Garza
Date: July 11, 2018
Docket Number: 17-30851
Raquel Hinojosa v. Petra Horn, et al
Date: July 11, 2018
Docket Number: 17-40077
Denisse Villafranca v. Mike Pompeo, Secretary, et
Date: July 11, 2018
Docket Number: 17-40134
USA v. Esteban Casabon-Ramirez
Date: July 11, 2018
Docket Number: 17-40227
Maria De La Garza Gutierrez, et al v. Mike Pompeo,
Date: July 11, 2018
Docket Number: 17-40305
USA v. Fernando Sosa-Pintor
Date: July 11, 2018
Docket Number: 17-40342
USA v. Jabriel Williams
Date: July 11, 2018
Docket Number: 17-41060
USA v. Uriel Cardenas-Oregon
Date: July 11, 2018
Docket Number: 17-41068
USA v. Joseph Krist
Date: July 11, 2018
Docket Number: 17-50220
USA v. Ashekul Mowla
Date: July 11, 2018
Docket Number: 17-50329
Dennis Kirchner, et al v. Deutsche Bank Natl Trust
Date: July 11, 2018
Docket Number: 17-50736
Chris Bennett v. Kyle Lindsey
Date: July 11, 2018
Docket Number: 17-50746
USA v. Jesus Sierra-Rodriguez
Date: July 11, 2018
Docket Number: 17-50841
George Carter v. Brad Livingston, Director, et al
Date: July 11, 2018
Docket Number: 17-50947
Joseph Chhim v. Golden Nugget Lake Charles
Date: July 11, 2018
Docket Number: 18-30011
USA v. Grover Elrod
Date: July 10, 2018
Docket Number: 16-10355
Ifeanyichukwu Iroh v. Bank of America, N.A., et al
Date: July 10, 2018
Docket Number: 16-20052
Elden Guerrero v. Kirstjen Nielsen, Secretary, et
Date: July 10, 2018
Docket Number: 16-30165
Delbert Rogers v. Dennis Markgraf, et al
Date: July 10, 2018
Docket Number: 17-10382
USA v. Abdullah El Hage
Date: July 10, 2018
Docket Number: 17-10411
USA v. Rogelio Guillen-Delgado
Date: July 10, 2018
Docket Number: 17-11236
USA v. Melissa Guerra
Date: July 10, 2018
Docket Number: 17-11530
USA v. Ann Anyanwu
Date: July 10, 2018
Docket Number: 17-20411
USA v. Marcus Williams
Date: July 10, 2018
Docket Number: 17-20683
USA v. Sonny Scott
Date: July 10, 2018
Docket Number: 17-30622
USA v. Mohamed Omran
Date: July 10, 2018
Docket Number: 17-30819
USA v. Calvin Burrell
Date: July 10, 2018
Docket Number: 17-30869
USA v. Yarency Landero-Gonzalez
Date: July 10, 2018
Docket Number: 17-40340
Mitchell v. Mills  
Date: July 10, 2018
Docket Number: 17-40737

Justia Opinion Summary: The Fifth Circuit reversed the district court's denial of qualified immunity to defendants in an action brought by plaintiff, an African-American man, who claimed violation of his constitutional right to equal protection...

Nicky Hignight v. Derek Edge
Date: July 10, 2018
Docket Number: 17-40906
USA v. Agustin Mondragon-Gomez
Date: July 10, 2018
Docket Number: 17-41119
USA v. Richard Murrell
Date: July 9, 2018
Docket Number: 17-10061
USA v. Alejandro Cendejas
Date: July 9, 2018
Docket Number: 17-10840
Charles Walton v. Lorie Davis, Director
Date: July 9, 2018
Docket Number: 17-20450
USA v. Martin Miranda-Juarez
Date: July 9, 2018
Docket Number: 17-20611
USA v. Evaristo Estrada-Sanchez
Date: July 9, 2018
Docket Number: 17-20699
USA v. Leroy Smith
Date: July 9, 2018
Docket Number: 17-30310
USA v. Baltazar Rodriguez-Vasquez
Date: July 9, 2018
Docket Number: 17-40604
USA v. Robert Najar, III
Date: July 9, 2018
Docket Number: 17-40921
USA v. Isaias Garcia
Date: July 9, 2018
Docket Number: 17-40994
USA v. Jose Aguirre
Date: July 9, 2018
Docket Number: 17-41039
USA v. Miguel Cabrera-Rangel
Date: July 9, 2018
Docket Number: 17-41123
USA v. Elio Marroquin-Lopez
Date: July 9, 2018
Docket Number: 17-41134
USA v. Juan Lopez-Hernandez
Date: July 9, 2018
Docket Number: 17-41184
USA v. Jose Galindo-Morales
Date: July 9, 2018
Docket Number: 17-41211
USA v. Guillermo Zuniga-Garcia
Date: July 9, 2018
Docket Number: 17-41229
USA v. Juan Arroyo-Beltran
Date: July 9, 2018
Docket Number: 17-41264
USA v. Jose Mederos-Ugarte
Date: July 9, 2018
Docket Number: 17-50905
USA v. Carmen Hernandez
Date: July 9, 2018
Docket Number: 17-50993
USA v. Robert Hodges
Date: July 9, 2018
Docket Number: 18-10298
USA v. Hector Cabrera
Date: July 6, 2018
Docket Number: 15-41034
John Rutoskey v. D. Harmon, et al
Date: July 6, 2018
Docket Number: 17-10527
USA v. Kedrick Hawkins
Date: July 6, 2018
Docket Number: 17-11017