Tag: Armed Career Criminal Act

August 31, 2026, opinions

September 1, 2026

Unpublished decisions per curiam (Smith, Southwick, Oldham) (no oral argument), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Smith, Southwick, Oldham) (no oral argument), criminal, sentencing Affirming 21-month sentence on conviction of illegal reentry. per curiam (Willett, Duncan, Engelhardt) (no oral argument), criminal Granting Anders motion to withdraw, and dismissing appeal. per … More August 31, 2026, opinions

August 7, 2026, opinions

August 10, 2026

Designated for publication Wilson, J. (Southwick, Graves, Wilson) (no oral argument), Graves, J., dissenting in part; criminal, sentencing, restitution Affirming enhanced sentence for receipt of child pornography; and affirming in part and vacating in part restitution awards. Mendoza pleaded guilty to receipt of child pornography in violation of 18 U.S.C. § 2252A(a)(2) after DHS discovered … More August 7, 2026, opinions

June 2, 2025, opinions

June 3, 2025

Designated for publication Willett, J. (Richman, Willett, Douglas), Douglas, J., dissenting; international child custody Reversing denial of petition to return child under the Hague Convention to father in Venezuela, and remanding with instructions to enter order to return child to Venezuela. After their separation in 2019, Jose Brito retained custody rights over his daughter A.F., … More June 2, 2025, opinions

May 15, 2025, opinions

May 19, 2025

Designated for publication Southwick, J. (Wiener, Stewart, Southwick), supervised release, criminal Affirming revocation of supervised release based on failure to report to federal parole officer and on state crimes while on release, even though arrest for revocation of supervised release did not occur until after term of supervised release was over, upholding invocation of jurisdiction … More May 15, 2025, opinions

February 6, 2025, opinions

February 12, 2025

Designated for publication Higginson, J. (Davis, Higginson, Douglas), insurance Affirming summary judgment in favor of insurer on bad faith claims under Texas law. Elrod, C.J. (Elrod, Higginbotham, Southwick), criminal, search and seizure, Second Amendment Affirming constitutionality of conviction of possessing an unregistered suppressor in violation of the National Firearms Act, and upholding denial of motion … More February 6, 2025, opinions

February 3-4, 2025, opinions

February 11, 2025

Designated for publication per curiam (Elrod, Dennis, Higginson), habeas corpus, Armed Career Criminal Act Vacating dismissal of § 2255 petition challenging ACCA-enhanced sentencing, on the basis that a new decision from the Texas Court of Criminal Appeals that abrogated prior Fifth Circuit precedent that Texas-law robbery by threat and aggravated robbery by threat qualified as … More February 3-4, 2025, opinions

January 13, 2025, opinions

January 14, 2025

Designated for publication Richman, J. (Richman, Haynes, Duncan), criminal, sentencing, Armed Career Criminal Act Affirming constitutionality of conviction of possession of a firearm by a felon, and affirming for lack of plain error the 262-month sentence upon application of Armed Career Criminal Act. Oldham, J. (Jones, Oldham, Hendrix, by designation), criminal, compassionate release Affirming denial … More January 13, 2025, opinions

December 9-13, 2024, opinions

December 16, 2024

Designated for publication Higginson, J. (Smith, Clement, Higginson), criminal, sentencing, sufficiency of evidence, Affirming convictions of substantive healthcare in scheme to defraud TRICARE by ordering unnecessary toxicology and DNA cancer screening tests, finding sufficient evidence to support convictions, finding no plain error in district court’s exclusion of testimony regarding statements purportedly made to defendant by … More December 9-13, 2024, opinions

April 1-2, 2024, opinions

April 3, 2024

Designated for publication Elrod, J. (joined by Richman, Jones, Smith, Stewart, Haynes, Higginson, Willett, Ho, Duncan, Engelhardt, Oldham, Douglas, Ramirez, JJ.) (Judges Southwick, Graves, and Wilson recused); Dennis, J., concurring in judgment only (joined by Higginson, Ramirez, JJ.); Ho, J., concurring (joined by Stewart, Elrod, Higginson, Ramirez, JJ.); mootness, appellate jurisdiction, standing In en banc … More April 1-2, 2024, opinions

March 15, 2024, opinions

March 18, 2024

Designated for publication per curiam (voting against en banc rehearing: Jones, Smith, Stewart, Southwick, Haynes, Higginson, Willett, Duncan, Engelhardt, Oldham, Wilson, JJ.; voting for en banc rehearing: Richman, Elrod, Graves, Ho, Douglas, JJ.; recused: Ramirez, J.); Graves, J., dissenting from denial of en banc rehearing; ERISA Denying en banc rehearing of panel opinion reversing district … More March 15, 2024, opinions