Tag: guilty plea

April 30, 2025, opinions

May 1, 2025

Unpublished opinions per curiam (Stewart, Clement, Willett), criminal, sentence reduction Vacating denial of motion for sentence reduction, and remanding for reconsideration. per curiam (Smith, Graves, Duncan), breach of contract, trade secrets Affirming summary judgment and evidentiary rulings in favor of defendant in breach of contract and trade-secret-misappropriation claims. per curiam (Smith, Stewart, Duncan), criminal Affirming … More April 30, 2025, opinions

February 10, 2025, opinions

February 12, 2025

Designated for publication Wilson, J. (Elrod, Oldham, Wilson), First Amendment, standing Vacating district court’s order denying legislative privilege to defendant Parish councilmembers whose Resolution to terminate library board members for erecting Pride Month displays at libraries had been challenged by three of those members as viewpoint discrimination, holding that the plaintiffs did not have standing … More February 10, 2025, opinions

December 30-31, 2024, opinions

January 6, 2025

Designated for publication Clerk Order (Voting AGAINST en banc hearing in the first instance: Elrod, Smith, Stewart, Richman, Southwick, Haynes, Graves, Higginson, Willett, Duncan, Engelhardt, Wilson, Douglas, Ramirez, JJ.; voting FOR en banc hearing in the first instance: Jones, Ho, Oldham, JJ.); First Amendment, en banc Order denying motion for the en banc Court to … More December 30-31, 2024, 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

December 2, 2024, opinions

December 3, 2024

Unpublished per curiam (Ho, Engelhardt, Douglas), criminal, compassionate release Affirming denial of motion for compassionate release. per curiam (Graves, Willett, Wilson), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (King, Southwick, Engelhardt), criminal, guilty plea Affirming guilty plea conviction of conspiracy to receive firearms while being illegally or unlawfully present in the … More December 2, 2024, opinions

November 21-25, 2024, opinions

November 26, 2024

Designated for publication Engelhardt, J. (Dennis, Southwick, Engelhardt), breach of contract, employment, personal jurisdiction Affirming dismissal of Louisiana-resident employee’s breach-of-contract wage payment claim against Virginia-resident employer for lack of personal jurisdiction. “[Defendant] Pritchard contends the fiduciary shield doctrine precludes jurisdiction based on his purely corporate contacts with Louisiana. [Plaintiff] Savoie counters that the fiduciary shield … More November 21-25, 2024, opinions

November 8, 2024, opinions

November 11, 2024

Designated for publication Jones, J. (Jones, Barksdale, Ho), criminal Affirming conviction of illegal reentry, which resulted in surrender to immigration officials for deportation. The Court rejected the defendant’s argument that the district court had improperly shifted the burden to him to prove the invalidity of the waiver of rights regarding the underlying deportation rather than … More November 8, 2024, opinions

November 6, 2024, opinions

November 7, 2024

Unpublished per curiam (Clement, Oldham, Wilson), prisoner suit Vacating dismissal of pretrial detainee’s failure-to-protect claim, affirming dismissal of other claims arising from assault, and remanding for further proceedings. per curiam (Wiener, Willett, Duncan), Wiener, J., concurring; municipal liability Affirming dismissal of municipal liability claims arising from tear-gassing and arrest of journalist plaintiff during George Floyd … More November 6, 2024, opinions

November 1-5, 2024, opinions

November 6, 2024

Designated for publication per curiam (voting against rehearing en banc: Elrod, Stewart, Southwick, Graves, Higginson, Engelhardt, Ramirez, JJ.; voting for rehearing en banc: Jones, Richman, Willett, Duncan, Oldham, Wilson, JJ.) (recused/not voting in en banc poll: Smith, Haynes, Ho, Douglas, JJ.); federal officer jurisdiction, en banc Denying en banc rehearing of May 29, 2024, panel … More November 1-5, 2024, opinions

October 31, 2024, opinions

November 1, 2024

Designated for publication Higginson, J. (Higginbotham, Higginson, Duncan), immigration Denying Mexican citizen’s petition for review of BIA order dismissing appeal of IJ’s denial of applications for cancelation of removal and voluntary departure; rejecting arguments “that (1) the agency erred in determining he was ineligible for cancellation because he had not made the required exceptional-hardship and … More October 31, 2024, opinions