Tag: criminal

December 15, 2025, opinions

December 16, 2025

Designated for publication per curiam (King, Jones, Wilson) (oral argument), insurance, certification Affirming dismissal of claims against Uber’s insurer by Uber passenger for hit-and-run accident, on basis of Louisiana law allowing transportation network companies to reject uninsured motorist coverage; and denying motion to certify question to the Louisiana Supreme Court. The plaintiff, Santo Guerrera, sued … More December 15, 2025, opinions

December 12, 2025, opinions

December 16, 2025

Designated for publication Wiener, J. (Wiener, Engelhardt, Oldham) (oral argument), criminal, sufficiency of evidence, judicial estoppel Affirming convictions of conspiracy and healthcare fraud involving the hospice care reimbursement benefit available through Medicare. The Fifth Circuit affirmed the convictions of Kristal Glover-Wing for one count of conspiracy and three counts of healthcare fraud arising out of … More December 12, 2025, opinions

December 10-11, 2025, opinions

December 15, 2025

Designated for publication Richman, J. (Smith, Dennis, Richman) (oral argument), Dennis, J., concurring; criminal, sentencing Affirming conviction and concurrent five-year and life sentences for conspiracy to stalk and cyberstalking using a dangerous weapon and resulting in death; but vacating conviction and consecutive life sentence for using, carrying, brandishing, and discharging a firearm during a crime … More December 10-11, 2025, opinions

December 9, 2025, opinions

December 12, 2025

Designated for publication Jones, J. (Jones, Stewart, Ramirez) (oral argument), Medicaid Vacating summary judgment for plaintiff hospitals in challenge to Department of Health and Human Services regulation “that penalizes hospitals in states that have pursued alternatives to Medicaid expansion,” and remanding for further proceedings. A group of Texas hospitals challenged a 2023 regulation issued by … More December 9, 2025, opinions

December 8, 2025, opinions

December 10, 2025

Designated for publication Willett, J. (Higginson, Willett, Engelhardt) (oral argument), criminal, sentencing Affirming 240-month sentence on convictions of wire fraud and money laundering. The defendant — Christopher Kirchner — was the co-founder and CEO of a logistics software startup. He diverted millions in investor funds to finance a lavish personal lifestyle rather than developing the … More December 8, 2025, opinions

December 5, 2025, opinions

December 10, 2025

Designated for publication per curiam (Higginbotham, Ho, Douglas) (oral argument withdrawn), criminal, sentencing Affirming sentence on conviction of possession of a firearm by a felon. The Court affirmed the sentence of Eddie Hudson. The court found no error in the district court’s decision to treat Hudson’s 2008 Arkansas robbery conviction as a prior “crime of … More December 5, 2025, opinions

December 4, 2025, opinions

December 10, 2025

Designated for publication Smith, J. (Smith, Stewart, Haynes) (no oral argument), bankruptcy Affirming bankruptcy court’s dismissal of creditor’s claim for contribution. The court affirmed the bankruptcy court (and district court) in rejecting Spin’s claim that it should be paid under a receivables-sale agreement with Jet Oilfield Services (“Jet”). Under the agreement, Spin paid Jet $3,000,000 … More December 4, 2025, opinions

December 3, 2025, opinions

December 4, 2025

Designated for publication Stewart, J. (Smith, Stewart, Haynes) (no oral argument), criminal, sentencing Affirming 240-month and 360-month concurrent sentences on conviction of possession of child pornography and sexual exploitation of children, and financial penalties and restitution of $55,300. In June 2021, police discovered that the defendant, Ulysses Rubalcava, had sexually abused two of his minor … More December 3, 2025, opinions

December 2, 2025, opinions

December 3, 2025

Designated for publication Clement, J. (Clement, Graves, Ho) (no oral argument), criminal, sentencing Vacating sentence in part and remanding for conformance of the written judgment of terms of supervised release with oral pronouncement. The Fifth Circuit confronted a recurring post-Diggles question: what should be done when a written judgment includes unpronounced discretionary conditions of supervised … More December 2, 2025, opinions

December 1, 2025, opinions

December 2, 2025

Designated for publication Rodriguez, J. (Jones, Graves, Rodriguez, by designation) (oral argument withdrawn), Graves, J., dissenting in part; criminal, Second Amendment, sentencing Affirming conviction and 70-month sentence for possession of a firearm by a felon. McCree was arrested after fleeing from police and discarding a loaded Glock while carrying five rocks of crack cocaine and … More December 1, 2025, opinions