Designated for publication per curiam (Smith, Higginson, Engelhardt), criminal, Commerce Clause, Second Amendment, gun laws Affirming conviction of possession of a firearm by a felon. The Court held there was no plain error in application of 18 U.S.C. § 922(g) under the Commerce Clause, holding that Circuit precedent is clear that the statute does not … More December 8, 2023, opinions
Designated for publication per curiam (Richman, Jones, Smith, Barksdale, Elrod, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson, JJ., voting for stay; Stewart, Southwick, Haynes, Graves, Higginson, Douglas, JJ., voting against stay); Oldham, J., concurring (joined by Jones, Smith, Barksdale, Elrod, Willett, Duncan, Engelhardt, Wilson, JJ.); Richman, C.J., concurring; Ho, J., concurring (joined by Elrod, J.); Higginson, … More December 7, 2023, opinions
Unpublished per curiam (King, Haynes, Graves), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Jones, Smith, Dennis), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (King, Haynes, Graves), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (King, Haynes, Graves), prisoner suit Affirming dismissal of Texas state … More December 6, 2023, opinions
Designated for publication Higginbotham, J. (Higginbotham, Smith, Elrod), Smith, J., dissenting; criminal, sentencing, Armed Career Criminal Act, habeas corpus On defendant’s § 2255 motion, vacating sentence on conviction of possession of a firearm by a felon, and remanding for resentencing without the ACCA enhancement. On a 2011 charge for possession of a firearm by a … More December 5, 2023, opinions
Designated for publication Jones, J. (King, Jones, Duncan), maritime law Affirming the judgment on jury verdict that owner of one vessel involved in a river collision was not negligent; but vacating judgment that other vessel owner was negligent and captain was grossly negligent and remanding for new trial, based on holding that district court instructed … More December 4, 2023, opinions
Designated for publication Higginson, J. (Graves, Higginson, Ho), Ho, J., dubitante; criminal, sentencing, Brady violation On remand from the U.S. Supreme Court, re-affirming defendant’s conviction of aggravated identity theft under 18 U.S.C. § 1028A under the new “crux of the criminality” standard from U.S. v. Dubin, 599 U.S. 110 (2023), and affirming the district court’s … More December 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 November 2023 opinion statistics
Unpublished per curiam (Dennis, Engelhardt, Oldham), criminal, sentencing Affirming 72-month sentence, based on crime-of-violence sentencing enhancement, and constitutionality of conviction of being a felon in possession of a firearm. per curiam (Elrod, Ho, Wilson), Ho, J., dissenting in part; qualified immunity Dismissing appeal in part, reversing denial of qualified immunity summary judgment in part, and … More November 30, 2023, opinions
