Tag: sentencing

December 18-20, 2025, opinions

December 23, 2025

Designated for publication per curiam (en banc) (voting against rehearing: Elrod, Stewart, Southwick, Haynes, Graves, Higginson, Willett, Ho, Douglas, Ramirez, JJ.; voting for rehearing: Jones, Smith, Richman, Duncan, Engelhardt, Oldham, Wilson, JJ.); Ho, J., concurring in denial of rehearing; Oldham, J., dissenting from denial of rehearing (joined by Jones, Smith, Richman, Duncan, Engelhardt, Wilson, JJ.) … More December 18-20, 2025, opinions

December 17, 2025, opinions

December 18, 2025

Designated for publication per curiam (en banc denial from Richman, Graves, Ramirez, JJ.) (voting for rehearing: Elrod, C.J., Jones, Smith, Oldham, JJ.; voting against rehearing: Stewart, Richman, Southwick, Haynes, Graves, Higginson, Willett, Ho, Duncan, Englehardt, Wilson, Douglas, Ramirez, JJ.) (oral argument on original panel hearing), Ho, J., concurring in denial of rehearing; Oldham, J., dissenting … More December 17, 2025, opinions

December 16, 2025, opinions

December 17, 2025

Unpublished decisions per curiam (Dennis, Engelhardt, Wilson) (no oral argument), criminal, sentencing Affirming conviction and sentence for illegal reentry. per curiam (King, Stewart, Higginson) (oral argument), qualified immunity, Heck bar, appellate jurisdiction, prisoner suit Dismissing Texas state inmate’s appeal of partial grant of summary judgment, for untimeliness of his notice of appeal; affirming holding that … More December 16, 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 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