Designated for publication Smith, J. (Smith, Clement, Higginson) (no oral argument), criminal, guilty plea, sentencing On remand from U.S. Supreme Court, dismissing appeal under appeal-waiver of plea agreement. Devin Chaney pleaded guilty to Hobbs Act Robbery (18 U.S.C. § 1951(a)) and Armed Bank Robbery (18 U.S.C. § 2113(a) and (d)), and in his plea agreement … More September 18-21, 2026, opinions
Designated for publication Willett, J. (Stewart, Clement, Willett) (oral argument heard on initial review); criminal, guilty plea, Second Amendment, Commerce Clause Upon remand from U.S. Supreme Court, affirming conviction of firearm-possession-by-controlled-substance-user on guilty plea, rejecting challenge to appeal-waiver. Kenleone Joe Nyandoro was charged with possessing a firearm as an unlawful user of a controlled substance … More September 4, 2026, opinions
Designated for publication per curiam (Wiener, Willett, Douglas) (oral argument on original setting, prior to Supreme Court remand); Federal Tort Claims Act On remand from U.S. Supreme Court, affirming dismissal of plaintiff’s tort claims arising from refusal to deliver mail, modified to be dismissal without prejudice. Lebene Konan alleged that USPS mail carrier Raymond Rojas … More September 3, 2026, opinions
Designated for publication per curiam (King, Smith, Ramirez) (oral argument), qualified immunity Reversing denial of qualified immunity, and rendering judgment dismissing claims against officer defendants. In February 2021, Harris County Constable’s officers responded to a 911 call about two men screaming outside a caller’s home; the caller reported having a weapon. Canine-handling Officer Johnson arrived … More September 2, 2026, opinions
Designated for publication Southwick, J. (Southwick, Graves, Wilson) (oral argument withdrawn), Wilson, J., concurring; arbitration Affirming denial of defendant’s motion to compel arbitration. Floor and Decor Outlets of America (“F&D”), a national flooring retailer, contracted with MAPP, L.L.C., a local Louisiana construction management company, for the building of a retail store in Metairie, Louisiana. F&D … More August 6, 2026, opinions
Designated for publication Davis, J. (Davis, Smith, Higginson) (no oral argument), criminal, sentencing On remand from U.S. Supreme Court, dismissing appeal of 51-month sentence on basis of appeal-waiver in plea agreement. Munson Hunter pleaded guilty to one count of aiding and abetting wire fraud arising from a scheme that caused approximately half a million dollars … More July 28-29, 2026, opinions
Designated for publication Elrod, C.J. (Elrod, Willett, Wilson) (oral argument), criminal, sentencing, Sixth Amendment Affirming application of career-criminal sentencing enhancement even though he had no trained interpreter available during the prior criminal proceedings on which the enhancement was based. Heraclio Duran-Gonzalez had two prior federal convictions for conspiring to possess marijuana with intent to distribute … More June 2, 2026, opinions
Designated for publication Wilson, J. (King, Higginson, Wilson) (oral argument), criminal, sentencing Affirming 60-month sentence on conviction of conspiracy to distribute and possess with intent to distribute marijuana. James Troy Phillips led police on a high-speed car chase reaching over 135 miles per hour to evade a traffic stop because he had a large quantity … More May 27-28, 2026, opinions
Published decisions per curiam (Davis, Engelhardt, Oldham) (oral argument on original panel decision), federal officer jurisdiction On remand from U.S. Supreme Court on issue of federal officer removal, which had vacated the Fifth Circuit’s affirmance of the district courts’ remands to state courts, in turn remanding to district courts with instructions to proceed “consistent with … More May 22, 2026, opinions
Designated for publication Richman, J. (Richman, Willett, Douglas) (oral argument), Willett, J., concurring; Douglas, J., concurring; maritime law, arbitration Vacating denial of arbitration, and remanding with instructions to issue order compelling arbitration of seaman’s claims from severe leg injuries. Jeremiah Hill, an able-bodied seaman, suffered severe leg injuries when unsecured cargo crushed his leg aboard … More May 5, 2026, opinions
