Tag: sentencing

October 10, 2025, opinions

October 13, 2025

Unpublished decisions per curiam (Smith, Higginson, Wilson) (no oral argument), habeas corpus Affirming denial of § 2241 petition filed by federal inmate serving a 280-year sentence. Higginson, J. (Southwick, Higginson, Wilson) (oral argument withdrawn), criminal, sentencing Affirming 50-month sentence on conviction of wire fraud. per curiam (Jones, Richman, Ramirez) (no oral argument), criminal, appellate jurisdiction … More October 10, 2025, opinions

October 9, 2025, opinions

October 10, 2025

Unpublished decisions per curiam (Higginbotham, Engelhardt, Ramirez) (no oral argument), criminal, sentencing Affirming 60-month sentence on conviction of illegal reentry. per curiam (Jones, Duncan, Douglas) (no oral argument), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Richman, Southwick, Willett) (no oral argument), criminal Granting Anders motion to withdraw, and dismissing appeal. per … More October 9, 2025, opinions

October 8, 2025, opinions

October 9, 2025

Designated for publication Elrod, C.J. (Elrod, Clement, Haynes) (no oral argument), Rooker-Feldman doctrine, personal tort, defamation Vacating Rooker-Feldman-based dismissal of plaintiff attorney’s defamation claims against defendant attorneys who had represented the plaintiff’s client’s employer in underlying Title IX claims brought by plaintiff’s client arising from alleged sexual assault and harassment of university students by university’s … More October 8, 2025, opinions

October 7, 2025, opinions

October 8, 2025

Designated for publication Jones, J. (Elrod, Jones, Stewart) (oral argument), equal protection clause, First Amendment, Commerce Clause Affirming in part and reversing in part district court’s summary judgment finding city’s short-term rental regulations constitutional, and remanding for further proceedings. The Fifth Circuit reviewed New Orleans’s regulation of short-term rentals (STRs)—defined as rentals of fewer than … More October 7, 2025, opinions

October 6, 2025, opinions

October 7, 2025

Designated for publication per curiam (en banc); en banc, First Amendment, Establishment Clause, Free Exercise Clause, ripeness, standing, sovereign immunity Granting en banc rehearing of June 20, 2025, panel opinion (Dennis, Haynes, Ramirez; Dennis, J., concurring) affirming district court judgment of facial unconstitutionality and preliminary injunction of state law requiring display of Ten Commandments in … More October 6, 2025, opinions

October 1-2, 2025, opinions

October 3, 2025

Designated for publication per curiam (Stewart, Dennis, Haynes) (oral argument), criminal, evidence, sufficiency of evidence, sentencing Affirming conviction and 293-month sentence for drug trafficking and distribution offenses and possession of child pornography. Sean Shaughnessy appealed his conviction and sentence after a jury found him guilty of two drug-conspiracy counts, one drug-distribution count, and one count … More October 1-2, 2025, opinions

September 29, 2025, opinions

September 30, 2025

Designated for publication Richman, J. (Richman, Haynes, Graves), prisoner suit, qualified immunity Reversing denial of qualified immunity to prison official defendants on inmate’s claims that prison official defendants unlawfully confiscated his earnings from sale of leather belts at Angola Prison Rodeo and deprived him of due process. Gregory Savage, an inmate at Angola Prison, sued … More September 29, 2025, opinions

September 19, 2025, opinions

September 22, 2025

Designated for publication Graves, J. (Elrod, Graves, Higginson), sec. 1983, death penalty Affirming dismissal of Texas capital inmate’s sec. 1983 claim that Texas’s post-conviction relief procedures are unconstitutional, and denying motions for a stay of execution and for leave to file a successive habeas petition. Blaine Keith Milam was convicted in Texas of murdering his … More September 19, 2025, opinions

September 18, 2025, opinions

September 19, 2025

Designated for publication Higginbotham, J. (Elrod, Higginbotham, Smith), qualified immunity On remand from the U.S. Supreme Court’s reversal and disabling of the Fifth Circuit’s “moment-of-threat” rule for analyzing a deadly force case, again affirming–this time under a reasonableness framework–the district court’s qualified immunity dismissal of a suit against a police officer who used deadly force … More September 18, 2025, opinions