October 11, 2024, opinions

October 14, 2024

Designated for publication Wilson, J. (Jones, Clement, Wilson), criminal, sentencing Affirming conviction on making false statements involving international terrorism; vacating conviction on three counts of obstructing an official proceeding; and vacating 108-month sentence and remanding for resentencing. Charges arose from defendant’s entering into a romantic relationship with a target of her investigation, who she was … More October 11, 2024, opinions

October 10, 2024, opinions

October 11, 2024

Designated for publication Willett, J. (Elrod, Willett, Duncan), habeas corpus Affirming denial of habeas relief, upholding district court’s judgment that the § 2254 petition was untimely. The Court first held that the appeal was timely, based on district court’s determination that the petitioner had placed his request for a “return date” and an extension to … More October 10, 2024, opinions

October 9, 2024, opinions

October 10, 2024

Designated for publication Higginson, J. (Higginbotham, Stewart, Higginson), copyright, jury instructions Affirming judgment on jury verdict (and denial of JMOL) that defendant internet service provider was liable for contributory copyright infringement on plaintiff independent record labels’ copyright claims; vacating damages award predicated on statutory damages for each of the 1,403 songs at issue in the … More October 9, 2024, opinions

October 8, 2024, opinions

October 9, 2024

Designated for publication Douglas, J. (Wilson, Douglas, Vitter, by designation), tax Reversing district court judgment in favor of plaintiff tire retailer and against IRS on question of liability for excise tax, holding that, “[w]hen a party orders taxable articles to be shipped to the United States for resale and is otherwise uninvolved in the importation … More October 8, 2024, opinions

October 7, 2024, opinions

October 8, 2024

Unpublished per curiam (Graves, Willett, Wilson), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Wilson, Douglas, Vitter, by designation), employment discrimination, Age Discrimination in Employment Act Affirming summary judgment dismissing ADEA and employment discrimination claims. per curiam (Wiener, Ho, Ramirez), criminal Affirming conviction of being a felon in possession of a firearm. … More October 7, 2024, opinions

October 4, 2024, opinions

October 7, 2024

Designated for publication Oldham, J. (Ho, Duncan, Oldham), qualified immunity Previously released as an unpublished per curiam opinion on October 1, 2024, this is now a published opinion attributed to Judge Oldham, affirming the denial of a qualified immunity summary judgment moved for by the defendant state trooper who shot the plaintiff at point-blank range … More October 4, 2024, opinions

Fifth Circuit again a disproportionate constituent of the Supreme Court’s docket

October 4, 2024

As of October 4, 2024, 9 of the 32 cases that the U.S. Supreme Court has granted certiorari for hearing in the October 2024 Term come out of the Fifth Circuit. That’s 28% of the Supreme Court’s docket this year, so far, even though the Fifth is only one of thirteen federal circuits (not to … More Fifth Circuit again a disproportionate constituent of the Supreme Court’s docket

A new Chief Judge

October 4, 2024

The U.S. Fifth Circuit Court of Appeals has announced that, effective today, Judge Jennifer Elrod is elevated to the position of Chief Judge, succeeding Judge Priscilla Richman in that post. Judge Richman had served as Chief Judge since 2019. Here is the full press release from the Court:

October 3, 2024, opinions

October 4, 2024

Designated for publication Ramirez, J. (Smith, Engelhardt, Ramirez), immigration Affirming for lack of subject-matter jurisdiction plaintiff’s challenge to the U.S. Citizenship and Immigration Services’ revocation of its approval of his EB-3 visa petition. The Court held that the USCIS’s revocation of the approval of the plaintiff’s I-140 petition was a discretionary decision not subject to … More October 3, 2024, opinions

October 2, 2024, opinions

October 3, 2024

Unpublished per curiam (King, Southwick, Engelhardt), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Smith, Elrod, Graves), immigration Denying Mexican citizen’s petition for review of BIA dismissal of his appeal of an immigration judge’s denial of his application for cancellation of removal. per curiam (Graves, Willett, Wilson), criminal, compassionate release Affirming denial … More October 2, 2024, opinions