Unpublished per curiam (Smith, Clement, Wilson), criminal Affirming conviction of assaulting a federal officer. per curiam (Smith, Clement, Wilson), immigration Denying in part and dismissing in part Mexican citizen’s petition for review of BIA order affirming IJ’s denial of application for cancellation of removal and protection under the CAT. per curiam (Wiener, Elrod, Engelhardt), criminal … More February 7, 2023, opinions
Designated for publication per curiam (Richman, King, Higginson), prisoner suit, Eighth Amendment, qualified immunity Reversing in part, affirming in part, and remanding from district court’s summary judgment dismissal of Texas state inmate’s pro se First and Eighth Amendment claims against officials at the Texas Department of Criminal Justice arising out of a housing transfer and … More February 6, 2023, opinion
Designated for publication Willett, J. (Stewart, Willett, Oldham), attorney discipline Granting petition for panel rehearing; withdrawing opinion from November 29, 2022, that had reversed in part, affirmed in part, and remanded from en banc district court’s order of a one-year ban from practice in front of the Eastern District of Louisiana for attorney in BP Deepwater Horizon … More February 3, 2023, opinions
Designated for publication Wilson, J. (Jones, Ho, Wilson), Ho, J., concurring; criminal, Second Amendment Vacating conviction for possession of a firearm by someone subject to a domestic violence restraining order, declaring 18 USC § 922(g)(8) facially unconstitutional in light of N.Y. State Rifle & Pistol Ass’n, Inc. v. Bruen, 142 S. Ct. 2111 (2022). After … More February 2, 2023, opinions
Designated for publication Higginbotham, J. (Higginbotham, Duncan, Engelhardt), criminal, sentencing, Armed Career Criminal Act, habeas corpus, mootness Dismissing as moot appeal from denial of § 2255 petition challenging ACCA-enhanced sentence on prior conviction of being a felon in possession of ammunition, and affirming 15-year sentence enhanced by the ACCA upon revocation of supervised release and … More February 1, 2023, 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 January 2023 opinion statistics
Designated for publication per curiam (Higginbotham, Oldham, by quorum), qualified immunity Denying en banc rehearing on panel decision (Higginbotham, Costa, Oldham) that had (over Judge Oldham’s dissent) affirmed in part and reversed in part denial of qualified immunity for state Department of Public Safety & Corrections officials on claims they ignored the administrative failure of … More January 31, 2023, opinions
