Designated for publication Engelhardt, J. (Smith, Haynes, Engelhardt) (oral argument), Haynes, J., dissenting; criminal, sentencing Vacating sentence of two consecutive 30-year terms for production of child pornography, and remanding for resentencing. David Koan pled guilty to two counts of production of child pornography under 18 U.S.C. § 2251(a). He had previously been sentenced in Texas … More October 1-2, 2026, opinions
Designated for publication Higginson, J. (King, Higginson, Duncan) (oral argument), Duncan, J., dissenting; criminal, sentencing Vacating 46-month sentence on conviction of illegal reentry, and remanding for resentencing. Alexander Palencia-Berrum pled guilty to illegal reentry under 8 U.S.C. § 1326. His criminal history included three DWI convictions, an obstruction/minor-in-possession conviction, a domestic battery guilty plea, a … More August 26, 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Designated for publication per curiam (Elrod, Clement, Oldham) (oral argument withdrawn), immigration Denying Salvadoran citizen’s petition for review of BIA’s denial of his request for deferral of removal under the Convention Against Torture.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 Douglas, J. (Higginbotham, Ho, Douglas), Ho, J., dissenting in part (oral argument); standing, preemption, First Amendment Affirming preliminary injunction of Texas social media regulation statute as to monitoring and filtering requirements as preempted by federal law; vacating injunction as sought by certain plaintiffs for lack of standing; and remanding for further proceedings. … More July 24, 2026, opinions
Designated for publication per curiam (en banc), immigration, die process, en banc In relation to the en banc rehearing of the July 2 opinion affirming that immigrants’ due process rights were violated by detention more than 90 days without bond hearings, which rehearing was ordered quickly on the heels of the panel opinion, on July … More July 21, 2026, opinions
Designated for publication Stewart, J. (Higginbotham, Stewart, Haynes) (no oral argument), judicial estoppel, personal tort On remand from the U.S. Supreme Court, from prior Fifth Circuit affirmance of dismissal of plaintiff’s suit, remanding back to district court to assess judicial estoppel from plaintiff’s failure to disclose claim on bankruptcy schedules. Thomas Keathley brought a personal … More July 17, 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
Designated for publication Elrod, C.J. (Elrod, Willett, Wilson) (oral argument), criminal, sentencing, Sixth Amendment Affirming application of career-criminal sentencing enhancement even though he had no trained interpreter available during the prior criminal proceedings on which the enhancement was based. Heraclio Duran-Gonzalez had two prior federal convictions for conspiring to possess marijuana with intent to distribute … More June 2, 2026, opinions
Designated for publication Ho, J. (Haynes, Higginson, Ho) (no oral argument), Higginson, J., dissenting; mandamus, venue, antitrust Granting mandamus to compel the district court to transfer venue to the Northern District of California. Branch Metrics, Inc. sued Google, LLC in the Eastern District of Texas, alleging Sherman Act violations based on documents uncovered during the … More April 7, 2026, opinions
