Court of Appeals for the Fifth Circuit Court Cases

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  1. Clinton C. Howard v. John T. King (1983)

    Clinton Howard, Michael Chapman, and Kenneth Robinson, inmates of the Louisiana Department of Corrections at Angola, Louisiana, filed a civil rights suit in federal district court alleging violations of their eighth amendment right to be free of cruel and unusual punishment. The complaint alleged, in pertinent part:


    Court: Court of Appeals for the Fifth Circuit Docket: 83-3154
  2. United States v. Flores (2011)

    Defendant Ramona Flores appeals after her guilty plea conviction for being found illegally in the United States after having been previously deported, in violation of 8 U.S.C. § 1326. Flores' counsel has filed a motion to withdraw and a brief that relies on Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), stating that the appeal is without merit. We grant the motion and take this opportunity to explain what we expect in an Anders brief and why the brief in this case [...]

    Court: Court of Appeals for the Fifth Circuit Docket: 09-41281
  3. Leslie Wayne Yohey v. James A. Collins (1993)

    Leslie Wayne Yohey is currently in the custody of the Texas Department of Criminal Justice. He was convicted by a jury of murder and sentenced to life imprisonment. The Texas Court of Appeals affirmed his conviction and sentence on direct appeal. Yohey v. State, 801 S.W.2d 232, 234, 247 (Tex.App.--San Antonio 1990, pet. ref'd). Yohey then filed a petition for discretionary review with the Texas Court of Criminal Appeals, which was refused.


    Court: Court of Appeals for the Fifth Circuit Docket: 92-5596
  4. United States v. Dabeit (2000)

    Khamis Khalil Dabeit, a Jordanian national who is not a citizen of the United States, was deported from the United States on March 17, 1997. Around June 15, 1999, Dabeit, without receiving approval to reenter the country, was once again found in the United States. Dabeit was charged by indictment with a single count of illegal reentry after deportation in violation of 8 U.S.C. § 1326, to which he pled guilty.1

    Court: Court of Appeals for the Fifth Circuit Docket: 00-10065
  5. Valentino B. Adepegba v. Billy G. Hammons (1996)

    Valentino Adepegba, a federal prisoner, appeals the district court's dismissal of his in forma pauperis civil rights action as frivolous. His appeal raises several issues of first impression in this circuit regarding new in forma pauperis provisions of the Prison Litigation Reform Act.


    Court: Court of Appeals for the Fifth Circuit Docket: 95-31249
  6. National Labor Relations Board v. Amalgamated Clothing Workers of America (1970)

    Charles M. Paschal, Jr., Director, N.L.R.B., 15th Region, New Orleans, La., Arnold Ordman, Gen. Counsel, Dominick L. Manoli, Associate Gen. Counsel, Marcel Mallet-Prevost, Asst. Gen. Counsel, Herman M. Levy, Michael S. Winer, Attys., N.L.R.B., for petitioner.


    Court: Court of Appeals for the Fifth Circuit Docket: 28680
  7. United States v. Mares (2005)

    Samuel Richard Mares, Jr., appeals his conviction and sentence for the crime of being a felon in possession of ammunition in violation of 18 U.S.C. §§ 922(g)(1) and 924(a)(2). We find no merit to any of Mares' arguments challenging his conviction which we affirm.


    Court: Court of Appeals for the Fifth Circuit Docket: 03-21035
  8. The Boeing Company v. Daniel C. Shipman (1969)

    Before JOHN R. BROWN, Chief Judge, and RIVES*, WISDOM, GEWIN, BELL, THORNBERRY, COLEMAN, GOLDBERG, AINSWORTH, GODBOLD, DYER, SIMPSON and MORGAN, Circuit Judges, En Banc.


    Court: Court of Appeals for the Fifth Circuit Docket: 24588
  9. Reginald R. Brinkmann, Jr. v. Dallas County Deputy Sheriff Abner (1987)

    This is an appeal from the district court's disposition of Reginald Brinkmann's 42 U.S.C. Sec. 1983 claims against Dallas County, four of its deputy sheriffs, and Sue O'Hara, a counselor in the Family Court Services Department. The district court granted O'Hara's motion for summary judgment, and subsequently dismissed with prejudice Brinkmann's complaint against the other defendants because of his refusal to obey a court order. We affirm.


    Court: Court of Appeals for the Fifth Circuit Docket: 86-1326
  10. Robert L. Baugh v. Joe Max Taylor Eric Nevelow Perry Evans (1997)

    Robert Baugh, a Texas prisoner, appeals the dismissal of his 42 U.S.C. § 1983 claims for various alleged unconstitutional conditions of confinement. His appeal, like so many recent prisoner cases, raises an issue of first impression under the Prison Litigation Reform Act (PLRA). For the reasons assigned we remand to the district court in order that it may supplement its prior certification that the appeal was not taken in good faith, or recall and revise same, or otherwise proceed [...]

    Court: Court of Appeals for the Fifth Circuit Docket: 96-40908
  11. 7 Fair empl. prac. cas. 1 v. Georgia Highway Express (1974)

    Elizabeth Rindskopf, Howard Moore, Jr., Atlanta, Ga., Jack Greenberg, William L. Robinson, Morris J. Baller, Charles Stephen Ralston, New York City, for plaintiffs-appellants.


    Court: Court of Appeals for the Fifth Circuit Docket: 72-3294
  12. United States v. Oscar Garza-Lopez (2005)

    Defendant-Appellant Oscar Garza-Lopez pled guilty to being knowingly and unlawfully present in the United States following deportation, in violation of 8 U.S.C. § 1326(a) and (b). At sentencing, the district court increased his offense level by sixteen points pursuant to UNITED STATES SENTENCING GUIDELINES ("U.S.S.G.") § 2L1.2(b)(1)(A)(i) (2003), which authorizes an enhancement if the defendant previously was convicted of a "drug trafficking offense" for which the sentence [...]

    Court: Court of Appeals for the Fifth Circuit Docket: 03-41750
  13. United States v. Mondragon-Santiago (2009)

    Jose Mondragon-Santiago appeals his sentence for attempted unlawful reentry into the United States following deportation, in violation of 8 U.S.C. § 1326. The district court sentenced him to fifty months of imprisonment and three years of supervised release, which is within the range established by the U.S. Sentencing Commission Guidelines Manual (U.S.S.G. or Guidelines). We affirm Mondragon-Santiago's sentence and reform the district court's judgment to reflect the correct statutory [...]

    Court: Court of Appeals for the Fifth Circuit Docket: 07-41099
  14. United States v. Orange Jell Beechum (1978)

    Kenneth J. Mighell, U. S. Atty., Fort Worth, Tex., Judith A. Shepherd, Asst. U. S. Atty., Dallas, Tex., Mervyn Hamburg, Atty., U. S. Dept. of Justice, Washington, D. C., for plaintiff-appellee.


    Court: Court of Appeals for the Fifth Circuit Docket: 76-1444
  15. prod. liab. rep. (Cch) P 14 v. Liquid Air Corporation v. Liquid Air Corporation (1994)

    Before POLITZ, Chief Judge, KING, JOHNSON, GARWOOD, JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, WIENER, BARKSDALE, EMILIO M. GARZA, and DeMOSS, Circuit Judges.*


    Court: Court of Appeals for the Fifth Circuit Docket: 90-1807
  16. United States v. Alonzo (2006)

    The defendant-appellant Aurelio Alonzo, Jr. ("Alonzo") appeals his post-Booker1 Guidelines sentence, arguing that the district court's use of his relevant conduct to calculate his base offense level violates the Sixth Amendment. Alonzo also argues that his Guidelines sentence is unreasonable because it was calculated based solely upon his relevant conduct without respect to the conduct underlying his offense of conviction. Finding no error, we affirm.

    Court: Court of Appeals for the Fifth Circuit Docket: 05-20130
  17. United States v. Timothy Lynn Calverley (1994)

    Before POLITZ, Chief Judge, KING, GARWOOD, JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, DUHE, WIENER, BARKSDALE, EMILIO M. GARZA, DeMOSS, BENAVIDES, STEWART and PARKER, Circuit Judges.


    Court: Court of Appeals for the Fifth Circuit Docket: 92-1175
  18. United States v. Cisneros-Gutierrez (2008)

    A jury found Osvaldo Cisneros-Gutierrez (Defendant) guilty for his participation in a drug dealing conspiracy. The district court sentenced Defendant to 292 months' imprisonment. The central issue in this appeal is whether the district court erred by admitting as substantive evidence under Federal Rule of Evidence 801(d)(1)(A) a redacted version of a witness's factual resume from his plea hearing that directly inculpated Defendant. We affirm.


    Court: Court of Appeals for the Fifth Circuit Docket: 06-11156
  19. United States v. Nelson Bell (1982)

    Linda Collins Hertz, Stephen B. Gillman, Asst. U. S. Attys., Miami, Fla., Ann T. Wallace, Atty., Appellate Section, U. S. Dept. of Justice, Washington, D.C., for plaintiff-appellee.


    Court: Court of Appeals for the Fifth Circuit Docket: 79-5741
  20. United States v. Peltier (2007)

    Peltier pleaded guilty to one count of possessing a firearm as a convicted felon in violation of 18 U.S.C. § 922(g)(1). While executing a warrant to search for illegal narcotics in Peltier's residence, agents found cocaine residue, large amounts of cash, and an old, rusty .12 gauge shotgun stashed in an outdoor shed.


    Court: Court of Appeals for the Fifth Circuit Docket: 05-30440

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