Tag: compassionate release

September 5, 2024, opinions

September 7, 2024

Unpublished per curiam (King, Stewart, Higginson), criminal Affirming conviction of wire fraud.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

September 3, 2024, opinions

September 4, 2024

Unpublished per curiam (Stewart, Dennis, Wilson), workers’ compensation Affirming judgment against workers’ compensation insurer regarding voidability of policy under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

August 29-30, 2024, opinions

September 2, 2024

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

August 22, 2024, opinions

August 23, 2024

Designated for publication Stewart, J. (Higginbotham, Stewart, Higginson), criminal, equitable tolling, sufficiency of evidence, witness testimony Vacating conviction of making false statements on the basis that equitable tolling of the statute of limitations was unavailable; but affirming convictions of conspiracy to defraud the United States and falsification of records in a federal investigation, rejecting sufficiency … More August 22, 2024, opinions

August 16-21, 2024, opinions

August 23, 2024

Designated for publication Richman, C.J. (Richman, Ho, Engelhardt), Ho, J., dissenting in part; immigration Granting Cameroonian citizen’s petition for review of BIA order dismissing appeal of IJ’s denial of applications for asylum and withholding of removal (denying petition for review of denial of protection under the Convention Against Torture), vacating BIA’s opinion, and remanding for … More August 16-21, 2024, opinions

July 18, 2024, opinions

July 19, 2024

Designated for publication Jones, J. (joined by Richman, C.J., and Smith, Elrod, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson, JJ., with Haynes and Ramirez, JJ., concurring in judgment only); Dennis, J., dissenting (joined by King, Stewart, Graves, Higginson, Douglas, JJ.); voting rights, Eighth Amendment, Equal Protection, standing, sovereign immunity On en banc rehearing of Aug. 4, … More July 18, 2024, opinions

July 1-17, 2024, opinions

July 19, 2024

Take the Fifth’s resident opinion-aggregator was out of the country for the first two and a half weeks of July, so the following are just abbreviated accounts of dispositions without any summary. Designated for publication Southwick, J. (Smith, Southwick, Higginson), bankruptcy, contempt Affirming contempt order entered by bankruptcy court against defendant in adversary proceeding. Stewart, … More July 1-17, 2024, opinions

June 19, 2024, opinions

June 20, 2024

Designated for publication per curiam (Willett, Engelhardt, Wilson), Appropriations Clause After reversal of initial panel opinion by the Supreme Court on the issue of the constitutionality of the CFPB’s funding structure under the Appropriations Clause, reinstating the portion of the panel judgment that affirmed the district court’s judgment rejecting Plaintiffs’ alternative arguments regarding the CFPB’s … More June 19, 2024, opinions

June 17-18, 2024, opinions

June 19, 2024

Designated for publication Stewart, J. (Stewart, Duncan, Engelhardt), attorney-client privilege Reversing order compelling depositions and production related to law firm reports prepared for public university arising from alleged incidents of sexual harassment, sexual assault, and racial discrimination, and remanding for further proceedings. Court held that it had jurisdiction over the appeal of the court’s discovery … More June 17-18, 2024, opinions