Designated for publication per curiam (Jones, Ho, Wilson), Ho, J., concurring; criminal, sentencing On remand from the U.S. Supreme Court, affirming defendant’s conviction of being in possession of a firearm while subject to a domestic violence restraining order; and affirming sentence of 73 months to run consecutively with any state court sentence on pending charges. … More September 10-12, 2024, opinions
Designated for publication Jones, J. (King, Jones, Oldham), criminal, sentencing Affirming district court’s determination that federal sentence for possession of a firearm by a felon would run consecutively with state-court sentence and that defendant would not get 43 months’ credit for time spent serving sentence on state conviction. per curiam (Haynes, Willett, Oldham), Haynes, J., … More September 9, 2024, opinions
Designated for publication Oldham, J. (Ho, Duncan, Oldham), habeas corpus, Equal Protection Clause Affirming denial of habeas relief on claim that life sentence for state conviction of sexual assault and prohibited sexual conduct with the petitioner’s intellectually disabled daughter violated the Equal Protection Clause. Wiener, J. (Wiener, Elrod, Wilson), sec. 1983 Affirming judgment on jury … More September 6, 2024, opinions
Unpublished per curiam (King, Stewart, Higginson), criminal Affirming conviction of wire fraud. per curiam (Jolly, Graves, Oldham), criminal, sentencing Affirming denial of motion for sentence reduction. per curiam (Jones, Willett, Engelhardt), foreclosure Affirming summary judgment dismissal of claims arising from mortgage servicing. per curiam (Jolly, Graves, Oldham), criminal, sufficiency of evidence Affirming conviction of possession … More September 5, 2024, opinions
Designated for publication Graves, J. (Barksdale, Southwick, Graves), Fair Labor Standards Act Affirming summary judgment dismissing plaintiffs’ FLSA overtime claims on the basis that each employee is a “bona fide executive” exempt from FLSA’s overtime provisions. Elrod, J. (Higginbotham, Smith, Elrod), evidence Affirming summary judgment for defendant trustees on claims brought by plaintiff beneficiaries of … More September 4, 2024, opinions
Unpublished per curiam (Stewart, Dennis, Wilson), workers’ compensation Affirming judgment against workers’ compensation insurer regarding voidability of policy under Mississippi law. per curiam (Southwick, Haynes, Douglas), criminal, sentencing Vacating 156-month sentence on conviction of carjacking and brandishing a firearm during a crime of violence, where district court expressed mistaken belief that Guidelines range was 84 … More September 3, 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 August 2024 opinion statistics
Designated for publication Dennis, J. (Jones, Dennis, Willett); Willett, J., concurring; Jones, J., dissenting; qualified immunity, municipal liability Reversing summary judgment dismissal on qualified immunity grounds of excessive force claims arising from violent arrest of plaintiff, holding that the defendant officer “failed to show the absence of a genuine dispute of material fact as to … More August 29-30, 2024, opinions
Designated for publication Elrod, J. (Elrod, Willett, Duncan), habeas corpus Affirming denial of § 2254 petition for habeas relief from state conviction and sentence on basis that state court impermissibly used a non-final conviction to enhance his sentence, holding that any error by the state court was harmless. Accordingly, the Court did not base its … More August 28, 2024, opinions
Designated for publication Southwick, J. (Stewart, Dennis, Southwick), securities fraud Denying second petition for en banc rehearing, no active-duty judge having requested a poll, and re-issuing mandate. The Court held that the district court judge’s finding of unclean hands, such that no setoff was awarded, rather than the unclean-hands issue going to the jury, was … More August 26-27, 2024, opinions
