Tag: immigration

October 2-3, 2023, opinions

October 4, 2023

Designated for publication Richman, C.J. (Richman, Wiener, Willett), criminal, Anti-Kickback Statute, sufficiency of evidence, Travel Act, Speedy Trial Act, Bruton violation, Court Reporter’s Act, jury instructions, prosecutorial conduct, sentencing, restitution The Court upheld the sufficiency of evidence to support the Anti-Kickback Statute convictions of six co-defendants, holding that the government need not prove defendants had … More October 2-3, 2023, opinions

September 28-29, 2023, opinions

October 2, 2023

Designated for publication per curiam (en banc court), voting rights, Eighth Amendment, Equal Protection, standing, sovereign immunity, Ex parte Young Granting en banc rehearing, and vacating August 4, 2023, panel opinion that reversed in part and affirmed in part district court’s dismissal of constitutional challenge to Mississippi’s permanent disenfranchisement of certain felons. Duncan, J. (Duncan, … More September 28-29, 2023, opinions

September 15, 2023, opinions

September 18, 2023

Designated for publication Oldham, J. (Dennis, Engelhardt, Oldham), Title VII, employment discrimination Reversing summary judgment dismissal of employee’s discrimination claims after he was fired for his refusal to cut his hair and beard in violation of his religious vow, in light of Groff v. DeJoy, 143 S. Ct. 2279 (2023). The Court held that the … More September 15, 2023, opinions

September 14, 2023, opinions

September 15, 2023

Designated for publication Jones, J. (Jones, Stewart, Duncan), criminal, jury instructions, sentencing Affirming conviction of illegal reentry and 105-month sentence, finding no error in jury instruction or impropriety in enhancement of sentence for obstruction of justice. After the defendant had presented evidence that he had been acting under duress due to threats by the drug-smuggling … More September 14, 2023, opinions

September 12, 2023, opinions

September 13, 2023

Designated for publication Jones, J. (Jones, Clement, Haynes), Haynes, J., dissenting in part; diversity jurisdiction, sanctions Affirming dismissal of third-party claims as sanction for party’s deliberate “hiding of the ball” on L.L.C. citizenship/jurisdictional facts. The Court held that the district court’s power to issue a case-dispositive sanction fell within its collateral jurisdiction. The Court summed … More September 12, 2023, opinions

September 8-11, 2023, opinions

September 12, 2023

Designated for publication Higginson, J. (Smith, Southwick, Higginson), criminal, supervised release Affirming imposition of 15 “standard conditions” for terms of supervised release from district court’s Standing Order, where oral pronouncement included that the supervised release would be “subject to the standard conditions” but did not otherwise expressly articulate those conditions. Elrod, J. (Dennis, Elrod, Ho), … More September 8-11, 2023, opinions

September 7, 2023, opinions

September 8, 2023

Designated for publication Higginson, J. (Richman, King, Higginson), § 1983, municipal liability, qualified immunity Affirming dismissal of plaintiff’s municipal liability claim against city, but reversing in part the qualified immunity dismissal of claim against police chief, arising from plaintiff’s § 1983 claims for false arrest, malicious prosecution, and First Amendment retaliation regarding his termination from … More September 7, 2023, opinions

September 1-5, 2023, opinions

September 6, 2023

Designated for publication Wilson, J. (Duncan, Wilson, Schroeder, by designation), criminal, sentencing Affirming 480-month sentence on conviction of conspiring to possess a controlled substance with the intent to distribute it and distributing a detectable amount of a substance containing cocaine base. Higginbotham, J. (Higginbotham, Southwick, Willett), qualified immunity Affirming denial of qualified immunity on Louisiana … More September 1-5, 2023, opinions

August 30-31, 2023, opinions

September 5, 2023

Designated for publication per curiam (Richman, Higginbotham, Southwick), habeas corpus, ineffective assistance of counsel Affirming denial of habeas relief on IAC claims of petitioner convicted of capital murder and sentenced to death. per curiam (en banc court), criminal, sufficiency of evidence Ordering en banc rehearing of June 7, 2023, panel opinion that reversed and vacated … More August 30-31, 2023, opinions