Designated for publication Higginson, J. (Wiener, Higginson, Wilson), criminal, search and seizure, sentencing Affirming conviction and 16-month sentence for smuggling bulk cash, and upholding denial of motion to suppress evidence obtained from a border search while defendant attempted enter Mexico from the United States. After being pulled over at the border, officers noticed the defendant … More December 9, 2022, opinions
Designated for publication per curiam (Higginbotham, Duncan, Engelhardt), Rule 60, recusal Affirming denial of Rule 60 motion filed for reconsideration of judgment dismissing claims arising from arrest and incarceration, which motion was filed after the clerk of court notified the parties years after the judgment that the presiding judge had owned stock in one of … More December 8, 2022, opinions
Unpublished per curiam (Dennis, Elrod, decided by quorum), intervention Reversing district court’s denial of intervention-of-right to five entities involved in the electric transmission market in case brought to challenge constitutionality of Texas statute providing a regulatory right of first refusal to the owner of an existing utility facility for the connection of new electric transmission … More December 7, 2022, opinions
Unpublished per curiam (Richman, Dennis, Ho), immigration Denying Honduran citizen’s petition for review of BIA order dismissing appeal of IJ’s denial of motion to reopen and to rescind absentia order of removal. per curiam (King, Stewart, Haynes), criminal, sentencing Affirming 120-month sentence and conviction for illegal reentry. per curiam (Higginbotham, Duncan, Engelhardt), products liability Affirming … More December 6, 2022, opinions
Designated for publication per curiam (Dennis, Elrod, Ho), criminal, sentencing, Armed Career Criminal Act Affirming 180-month sentence on guilty plea conviction of being a felon in possession of a firearm, upholding the application of the ACCA and rejecting arguments that prior Mississippi burglary convictions were not crimes of violence for ACCA purposes and that convictions … More December 5, 2022, opinions
Designated for publication per curiam (Soutwick, Oldham, Wilson), immigration Denying petition for rehearing of August 3 decision, and substituting new opinion denying Salvadoran citizen’s petition for review of BIA order dismissing appeal of IJ decision denying motion to reopen; the Court held that the petitioner’s receipt of a Notice of Hearing after an allegedly defective … More December 1-2, 2022, opinions
We report after each month on interesting statistics from the data we generate from the daily opinion summaries from the U.S. Court of Appeals for the Fifth Circuit, and at the end of each court year (Oct.-Sept.) we will aggregate that–all of which provides useful insights into the inner workings of the Court, the relative … More November 2022 opinion statistics
Designated for publication Oldham, J. (Barksdale, Engelhardt, Oldham), qualified immunity Denying petition for rehearing, and substituting June 17 decision with new decision, but still vacating district court’s boilerplate scheduling order that required discovery to move forward without first determining the issue of qualified immunity. The Court held that a scheduling order was appealable under the … More November 30, 2022, opinions
