Designated for publication per curiam (Jones, Haynes, Douglas), Jones, J., concurring; Affordable Care Act, Title IX, standing Vacating summary judgment for plaintiffs in challenge to Notification of Interpretation and Enforcement of Section 157 of the ACA, which interpreted discrimination on the basis of sex to include discrimination on the basis of sexual orientation and and … More December 16-27, 2024, opinions
Designated for publication Higginson, J. (Smith, Clement, Higginson), criminal, sentencing, sufficiency of evidence, Affirming convictions of substantive healthcare in scheme to defraud TRICARE by ordering unnecessary toxicology and DNA cancer screening tests, finding sufficient evidence to support convictions, finding no plain error in district court’s exclusion of testimony regarding statements purportedly made to defendant by … More December 9-13, 2024, opinions
Designated for publication Engelhardt, J. (Smith, Engelhardt, Ramirez), criminal, restitution Affirming $21 million restitution award imposed jointly and severally on defendant with defendant in another section of the district court in a separate criminal proceeding, on guilty plea conviction of misprison of a felony (wire fraud). Stewart, J. (Smith, Stewart, Duncan), criminal, sentencing Vacating special … More December 6, 2024, opinions
Unpublished per curiam (Wilson, Douglas, Vitter, by designation), criminal, sentencing Affirming 120-month sentence on conviction of being a felon in possession of a firearm. per curiam (Smith, Stewart, Duncan), bankruptcy Affirming judgment in favor of debtor on claims by former affiliates of breach of contracts governing the relationship with those affiliates. per curiam (Davis, Stewart, … More December 5, 2024, opinions
Unpublished per curiam (Graves, Willett, Wilson), criminal, sentence reduction Affirming denial of motion for sentence reduction. per curiam (Smith, Stewart, Duncan), Americans with Disabilities Act, § 1983 Affirming dismissal of former nursing student’s ADA and § 1983 claims arising from student’s dismissal from academic program. per curiam (Haynes, Higginson, Douglas), criminal Affirming conviction for possessing … More December 4, 2024, opinions
Unpublished per curiam (Graves, Willett, Wilson), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Clement, Graves, Willett), Title VII Affirming summary judgment dismissal of sex discrimination Title VII claim. per curiam (Stewart, Haynes, Higginson), criminal, compassionate release Dismissing as frivolous appeal from denial of motion for compassionate release. per curiam (Jolly, Jones, … More December 3, 2024, opinions
Unpublished per curiam (Ho, Engelhardt, Douglas), criminal, compassionate release Affirming denial of motion for compassionate release. per curiam (Graves, Willett, Wilson), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (King, Southwick, Engelhardt), criminal, guilty plea Affirming guilty plea conviction of conspiracy to receive firearms while being illegally or unlawfully present in the … More December 2, 2024, 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 2024 opinion statistics
Designated for publication Duncan, J. (Willett, Duncan, Ramirez), Ramirez, J., dissenting; sovereign immunity, Administrative Procedure Act, intergovernmental immunity, Immigration and Nationality Act, trespass Reversing district court’s denial of preliminary injunction, and granting injunction to enjoin Border Patrol “from damaging, destroying, or otherwise interfering with Texas’s [concertina]-wire fence in the vicinity of Eagle Pass, Texas, as … More November 27, 2024, opinions
