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Court of Appeals for the Fifth Circuit Court Cases
Efe v. Ashcroft (2002)
Patrick P. Shen (argued), U.S. Dept. of Justice, Immigration Litigation, Thomas Ward Hussey, Director, Linda Susan Wendtland, U.S. Dept. of Justice, Civ. Div. Immigration Litigation, Washington, DC, Roger D. Piper, U.S. Immigration & Naturalization Service, Houston, TX, Christine G. Davis, U.S. Immigration & Naturalization Service, District Directors Office, Attn: Joe A. Aguilar, New Orleans, LA, for Respondent.
Court: Court of Appeals for the Fifth Circuit Docket: 01-60314
Janet Reno, Office of the United States Attorney General, Civil Division, Appellate Staff, Washington, DC, Joan Estelle Smiley, Robert L. Bombough, Director, Susie S. Cho, Office of Immigration Litigation, Washington, DC, John B. Z. Caplinger, Director, Immigration and Naturalization Service, New Orleans, LA, for respondent.
Court: Court of Appeals for the Fifth Circuit Docket: 95-60581
Michael Phillip Mentz, Hailey McNamara, Hall, Larman & Papale, Metairie, LA, Raymond Joseph Salassi, Jr., James E. Wright, III, Jones, Walker, Waechter, Poitevent, Carre're & Denegre, John Robert Martzell, Martzell, Thomas & Bickford, New Orleans, LA, for Darryl J. Tschirn.
Court: Court of Appeals for the Fifth Circuit Docket: 92-3781
William L. Harper, U. S. Atty., William L. McCulley, Atlanta, Ga., Ann T. Wallace, Joseph S. Davies, Jr., Katherin Winfree, Attys., Dept. of Justice, Appellate Section, Criminal Div., Washington, D. C., for plaintiff-appellee.
Court: Court of Appeals for the Fifth Circuit Docket: 77-5188
Appellant Rene Valenzuela-Quevedo appeals his conviction and sentence for possession with intent to distribute a controlled substance and conspiracy. For the reasons discussed below, we affirm the district court's judgment.
Court: Court of Appeals for the Fifth Circuit Docket: 03-41754
United States v. Villanueva (2005)We are presented with a case of conspiracy to smuggle undocumented aliens for commercial gain and attempts to aid and abet the smuggling of undocumented aliens to the United States for commercial gain. This appeal requires us to determine for the first time in this circuit whether 8 U.S.C. § 1324(a)(2)(B)(ii) can support a conviction for conduct occurring outside the United States. We hold that it can and rejecting other arguments raised by appellants we Affirm.
Court: Court of Appeals for the Fifth Circuit Docket: 03-20812
Janet Reno, U.S. Atty. Gen., David V. Bernal, David J. Kline, Philmenia McNeill Jones, Robert L. Bombough, Deputy Director, Teresa A. Wallbaum, I.N.S., Washington, DC, for respondent.
Court: Court of Appeals for the Fifth Circuit Docket: 94-40330
On appeal is the partial grant of summary judgment in the civil rights action by Claude E. Woods, an inmate at the Louisiana State Penitentiary at Angola, against various corrections officials. Two officers appeal the denial of summary judgment on the basis of qualified immunity; two officers appeal the court's refusal to dismiss certain state law claims; Woods cross appeals the adverse summary judgment rulings. For the reasons assigned we affirm that part of the trial court's rulings [...]
Court: Court of Appeals for the Fifth Circuit Docket: 94-30040
This case presents a myriad of issues common to appeals of drug conspiracy convictions. Two less common issues are difficult. One such issue concerns the failure of the district court to conduct individual voir dire of the members of the jury following prejudicial midtrial publicity. The other such issue concerns the treatment of a pending James motion, ultimately ruled on at trial, under the Speedy Trial Act.
Court: Court of Appeals for the Fifth Circuit Docket: 92-7349
This appeal calls upon us to decipher the jurisdictional provisions of the Bankruptcy Amendments and Federal Judgeship Act of 1984. A brief history of the Act may cast some light on the nature of our task.
Court: Court of Appeals for the Fifth Circuit Docket: 86-4510
Zhao v. Gonzales (2005)
Russell J.E. Verby (argued), U.S. Dept. of Justice, Dept. of Homeland Sec., David V. Bernal, Thomas Ward Hussey, Dir., U.S. Dept. of Justice, OIL, Washington, DC, Hipolito Acosta, U.S. INS, Houston, TX, Caryl G. Thompson, U.S. INS, Dist. Directors Office, Attn: Joe A. Aguilar, New Orleans, LA, for Respondent.
Court: Court of Appeals for the Fifth Circuit Docket: 03-60681
Geiger v. Jowers (2005)
Plaintiff-Appellant Michael Geiger, proceeding pro se and in forma pauperis ("IFP"), appeals the dismissal of his 42 U.S.C. § 1983 suit as frivolous and barred by the physical injury requirement of the Prison Litigation Reform Act ("PLRA"), 42 U.S.C. § 1997e(e). We affirm.
Court: Court of Appeals for the Fifth Circuit Docket: 04-10299
United States v. Daugherty (2001)
Mitchell Daugherty appeals his conviction of violating 18 U.S.C. § 922(g)(1) (2001), which prohibits convicted felons from possessing firearms "in and affecting" interstate commerce. We affirm.
Court: Court of Appeals for the Fifth Circuit Docket: 00-20871
United States v. Rodriguez (2008)
Walter Walmores Rodriguez pleaded guilty to one count of illegal reentry following removal pursuant to 8 U.S.C. § 1326. In this appeal, he raises several challenges to his sentence. Finding no error, we affirm.
Court: Court of Appeals for the Fifth Circuit Docket: 07-10535
A jury convicted Tommy Ray Higdon of conspiracy to rob and of robbery of a federally insured savings and loan in violation of the federal Bank Robbery Act. Higdon appeals both convictions, alleging that he received ineffective assistance of counsel at trial in violation of the sixth amendment to the United States Constitution. With respect to the robbery conviction only, Higdon further alleges that the record contains insufficient or no evidence of a taking "by force and violence, or by [...]
Court: Court of Appeals for the Fifth Circuit Docket: 86-1895
Joseph M. Bruno, David S. Scalia, Bruno & Bruno, New Orleans, LA, James Parkerson Roy, Domengeaux, Wright, Roy & Edwards, Lafayette, LA, Joseph J. McKernan, McKernan Law Firm, Larry Dewayne Dyess, Baton Rouge, LA, Drew A. Ranier, Norval F. Elliot, III, Ranier, Gayle & Elliot, Lake Charles, LA, David Blayne Honeycutt, Wanda Jean Edwards, Fayard & Honeycutt, Calvin Clifford Fayard, Jr., Denham Springs, LA, Matthew D. Schultz, Levin, Papantonio, Thomas, Mitchell, Echsner & [...]
Court: Court of Appeals for the Fifth Circuit Docket: 07-30119
Siglar v. Hightower (1997)
Lee Andrew Siglar, II, Texas prisoner # 96054477 ("Siglar"), filed a civil rights action pursuant to 42 U.S.C. § 1983 against Warden Elvis C. Hightower ("Hightower") and Corrections Officers Ejike S. Nwose ("Nwose"), James L. Alexander ("Alexander") and Melissa Whitehead ("Whitehead"). The district court dismissed Siglar's complaint as frivolous under 28 U.S.C. § 1915(e)(2) and Siglar appealed.
Court: Court of Appeals for the Fifth Circuit Docket: 96-11096
Defendants-appellants Mateen Yusuf Shabazz (Shabazz) and Keith Lamar Parker (Parker) were convicted on drug possession charges. They argue that evidence discovered in a warrantless search of the car in which they were traveling should have been suppressed, that the trial court erroneously failed to submit a "mere presence" jury instruction, and that their convictions rest on insufficient evidence. We affirm.
Court: Court of Appeals for the Fifth Circuit Docket: 92-4822
United States v. Evans (2009)Mark Evans moved under 18 U.S.C. § 3582(c)(2) to reduce his sentence based on the retroactive amendment of the crack cocaine offense levels. The district court granted the motion but imposed a sentence at the high end of the new sentencing range. On appeal, Evans argues (1) that the mandatory provisions of United States Sentencing Guidelines ("U.S.S.G.") section 1B1.10 cabined the district court's sentencing discretion in violation of United States v. Booker, 543 U.S. 220, 125 S.Ct. 738, 160 [...]
Court: Court of Appeals for the Fifth Circuit Docket: 08-41259
Arthur Carson brought this civil rights action under 42 U.S.C. § 1983 against the Dallas County Sheriff and four of his deputies and a Dallas County Constable and three of his deputies. Carson alleged that he suffered injuries because the defendants used excessive force when arresting him and booking him into jail. In addition to the federal civil rights claims, Carson appended several state law claims growing out of the same incident.
Court: Court of Appeals for the Fifth Circuit Docket: 81-1284