Designated for publication Douglas, J. (Jones, Duncan, Douglas) (oral argument), standing, subject matter jurisdiction, administrative law Affirming dismissal of suit challenging final rules of the Department of Energy under the Energy Policy and Conservation Act, holding that the Circuit Courts Appeals had exclusive jurisdiction over such judicial review challenged under the EPCA, to the exclusion … More October 6-7, 2026, opinions
Designated for publication per curiam (Wiener, Willett, Douglas) (oral argument on original setting, prior to Supreme Court remand); Federal Tort Claims Act On remand from U.S. Supreme Court, affirming dismissal of plaintiff’s tort claims arising from refusal to deliver mail, modified to be dismissal without prejudice. Lebene Konan alleged that USPS mail carrier Raymond Rojas … More September 3, 2026, opinions
Designated for publication per curiam (Smith, Haynes, Oldham) (no oral argument), criminal, sentencing, guilty plea On remand from U.S. Supreme Court, dismissing appeal of conviction and sentence in light of appeal waiver in plea agreement. Davantae London robbed multiple Wal-Mart stores at gunpoint in the Houston area. As part of his plea agreement, he waived … More August 19-21, 2026, opinions
Designated for publication Higginson, J. (Richman, Higginson, Douglas) (oral argument), criminal, sufficiency of evidence, witness testimony, evidence, sentencing, Second Amendment, Commerce Clause Affirming conviction and sentence on drug and firearms charges. Travis Enclade and Terence Wilson, relatives suspected of narcotics trafficking in New Orleans, were the subjects of a two-month DEA surveillance operation using pole … More August 17-18, 2026, opinions
Designated for publication per curiam (Elrod, Clement, Oldham) (oral argument withdrawn), immigration Denying Salvadoran citizen’s petition for review of BIA’s denial of his request for deferral of removal under the Convention Against Torture. Jose Mauricio Lopez-Barrera, a Salvadoran national, petitioned for review of the BIA’s denial of his request for deferral of removal under the … More August 14, 2026, opinions
Designated for publication Willett, J. (Higginson, Willett, Engelhardt) (oral argument at original panel stage), preemption, taking, Contracts Clause Granting petition for panel rehearing and substituting for February 9, 2026, panel opinion, affirming summary judgment for Louisiana on pharmaceutical companies’ and trade group’s challenge to Louisiana statute on drug purchases. Pharmaceutical manufacturers AbbVie, AstraZeneca, and trade … More July 1-7, 2026, opinions
Unpublished decisions per curiam (Stewart, Graves, Oldham) (no oral argument), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Smith, Higginson, Wilson) (no oral argument), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Stewart, Willett, Wilson) (no oral argument), jurisdiction, civil, amendment Vacating dismissal of pro se plaintiff’s civil action … More May 21, 2026, opinions
Unpublished decisions per curiam (Davis, Jones, Ho) (no oral argument), criminal, guilty plea Affirming conviction for illegal entry. Victor Alfredo Tovar-Martinez appealed his conviction for illegal reentry, contending his guilty plea was not knowing and voluntary because the district court failed to inform him during the Rule 11 colloquy that the statute applies only to … More April 14, 2026, opinions
Designated for publication Willett, J. (Stewart, Willett, Wilson) (no oral argument), preemption, standing, injunction Denying motion for injunction pending appeal of dismissal of nicotine retailers and industry actors’ challenge to Mississippi statute prohibiting sale of electronic nicotine devices that lacked FDA approval. The Fifth Circuit denied the plaintiffs’ motion for an injunction pending appeal of … More February 11, 2026, opinions
Designated for publication Higginson, J. (Southwick, Higginson, Wilson) (oral argument), insurance, jurisdiction Remanding appeal from denial of motion to compel arbitration to district court to consider motions pending in case in light of holding that court lacks subject-matter jurisdiction due to inapplicability of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards to … More January 27, 2026, opinions
