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 June 2021 statistics
Designated for publication U.S. v. Parker, 19-60077, appeal from S.D. Miss. Davis, J. (Davis, Duncan, Oldham), habeas corpus, Armed Career Criminal Act Affirming denial of § 2255 petition for relief from his mandatory life sentence on armed robbery conviction on basis that prior convictions were classified as “serious violent felonies” only pursuant to the ACCA’s … More June 30, 2021 opinions
Designated for publication U.S. v. Tinney, 20-10849, appeal from N.D. Tex. per curiam (Davis, Duncan, Oldham), criminal, sentencing Affirming 18-month revocation sentence, plus an additional five years of supervised release, for recidivist sexual offender. The Court held that the district court did not commit plain error in mistakenly conflating criminal history score with criminal history … More June 29, 2021 opinions
Designated for publication U.S. v. Norbert, 20-60106, appeal from S.D. Miss. per curiam (Owen, Jones, Smith, Stewart, Dennis, Elrod, Southwick, Haynes, Graves, Higginson, Costa, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson), en banc, criminal, search and seizure Vacating March 16 panel opinion (Davis, J., joined by Stewart, J.; Oldham, J., dissenting), which had affirmed the district … More June 28, 2021 opinions
Designated for publication Doe v. Mckesson, 17-30864, appeal from M.D. La. per curiam (Jolly, Elrod, Willett), Elrod, J., concurring; negligence On remand from the U.S. Supreme Court, the panel certified questions to the Louisiana Supreme Court. In this suit, the plaintiff police officer had sued the leader of a Black Lives Matter protest in Baton … More June 25, 2021 opinions
Unpublished Creuzot v. Green, 19-10864, appeal from N.D. Tex. per curiam (Clement, Higginson, Engelhardt), appellate jurisdiction Dismissing appeal for lack of jurisdiction, where appellant timely appealed from a merits judgment under the Anti-Cybersquatting Consumer Protection Act, which was separate from a later-issued fee award judgment, but appellant only briefed the fee-award issue that was not … More June 24, 2021 opinions
Designated for publication Colvin v. LeBlanc, 19-30888, appeal from E.D. La. Wiener, J. (Wiener, Elrod, Higginson), § 1983 Affirming dismissal of prisoner’s § 1983 claim challenging the alleged thirty-year extension of his state sentence; but reversing the dismissal of his § 1983 claim challenging his extradition from Pennsylvania to Louisiana; and remanding for further proceedings. … More June 23, 2021 opinions
Designated for publication Dean v. Akal Security, Inc., 20-30306, appeal from W.D. La. Southwick, J. (Higginbotham, Southwick, Engelhardt), Fair Labor Standards Act Affirming summary judgment in favor of defendant on FLSA claims arising from meal-period policy that automatically deducted one hour of pay from employees of security company whose employees accompanied deportees being flown to … More June 22, 2021 opinions
Designated for publication Huawei Technologies USA, Inc. v. Federal Communications Commission, 19-60896, petition for review of FCC Order Duncan, J. (Elrod, Duncan, Wilson), administrative law, Administrative Procedures Act, ripeness, vagueness, Due Process Denying petition for review of FCC order barring recipients of federal telephone and internet service subsidies from purchasing equipment or services from companies … More June 18 and 21, 2021 opinions
Designated for publication SED Holdings, LLC v. St. John, 19-20841, appeal from S.D. Tex. Duncan, J. (Haynes, Duncan, Engelhardt), fraud, breach of contract, res judicata, judicial estoppel Affirming judgment of fraud, but finding damages excessive and remanding for remittitur, and vacating judgment of breach of contract, and remanding for further proceedings. This case arose from … More June 17, 2021 opinions
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