December 8, 2025, opinions

Designated for publication Willett, J. (Higginson, Willett, Engelhardt) (oral argument), criminal, sentencing Affirming 240-month sentence on convictions of wire fraud and money laundering. The defendant — Christopher Kirchner — was the co-founder and CEO of a logistics software startup. He diverted millions in investor funds to finance a lavish personal lifestyle rather than developing the … More December 8, 2025, opinions

December 5, 2025, opinions

Designated for publication per curiam (Higginbotham, Ho, Douglas) (oral argument withdrawn), criminal, sentencing Affirming sentence on conviction of possession of a firearm by a felon. The Court affirmed the sentence of Eddie Hudson. The court found no error in the district court’s decision to treat Hudson’s 2008 Arkansas robbery conviction as a prior “crime of … More December 5, 2025, opinions

December 4, 2025, opinions

Designated for publication Smith, J. (Smith, Stewart, Haynes) (no oral argument), bankruptcy Affirming bankruptcy court’s dismissal of creditor’s claim for contribution. The court affirmed the bankruptcy court (and district court) in rejecting Spin’s claim that it should be paid under a receivables-sale agreement with Jet Oilfield Services (“Jet”). Under the agreement, Spin paid Jet $3,000,000 … More December 4, 2025, opinions

December 3, 2025, opinions

Designated for publication Stewart, J. (Smith, Stewart, Haynes) (no oral argument), criminal, sentencing Affirming 240-month and 360-month concurrent sentences on conviction of possession of child pornography and sexual exploitation of children, and financial penalties and restitution of $55,300. In June 2021, police discovered that the defendant, Ulysses Rubalcava, had sexually abused two of his minor … More December 3, 2025, opinions

Interesting CLE seminar thoughts

Pardon the ambiguity in the headline, there–the CLE seminar was what was “interesting,” not necessarily my thoughts about the seminar, but this CLE seminar was quite thought-provoking. Today was the LSBA’s annual Advanced Appellate Practice Seminar; as always, seminar chairs Thomas Flanagan and Rick Stanley did an excellent job putting together dynamic panels. And, as … More Interesting CLE seminar thoughts

December 2, 2025, opinions

Designated for publication Clement, J. (Clement, Graves, Ho) (no oral argument), criminal, sentencing Vacating sentence in part and remanding for conformance of the written judgment of terms of supervised release with oral pronouncement. The Fifth Circuit confronted a recurring post-Diggles question: what should be done when a written judgment includes unpronounced discretionary conditions of supervised … More December 2, 2025, opinions

December 1, 2025, opinions

Designated for publication Rodriguez, J. (Jones, Graves, Rodriguez, by designation) (oral argument withdrawn), Graves, J., dissenting in part; criminal, Second Amendment, sentencing Affirming conviction and 70-month sentence for possession of a firearm by a felon. McCree was arrested after fleeing from police and discarding a loaded Glock while carrying five rocks of crack cocaine and … More December 1, 2025, opinions