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Court of Appeals for the Fifth Circuit Court Cases
Deborah A. McDonald, Natchez, Miss., Mary Brown, Willie L. Rose, McComb, Miss., George C. Cochran, University of Mississippi, University, Miss., for plaintiffs-appellees.
Court: Court of Appeals for the Fifth Circuit Docket: 86-4480
United States v. Whitelaw (2009)
Defendant Alan Whitelaw appeals his sentence imposed upon revocation of his term of supervised release on several grounds that he failed to bring to the attention of the sentencing court. Finding no plain error, we affirm.
Court: Court of Appeals for the Fifth Circuit Docket: 08-50346
Treating the petition for rehearing as a petition for en banc rehearing, the petition for rehearing is DENIED. Treating the petition for rehearing as a petition for panel rehearing, the petition for rehearing is GRANTED for the limited purpose of withdrawing the prior panel opinion and substituting this opinion therefor.
Court: Court of Appeals for the Fifth Circuit Docket: 05-50978
United States v. Doublin (2009)
Larry W. Doublin challenges the district court's ruling that, in a sentence-reduction proceeding under 18 U.S.C. § 3582(c)(2) (authorizing limited discretionary sentence reductions), the sentence cannot be reduced below the minimum advisory sentence in the Sentencing Guidelines. AFFIRMED.
Court: Court of Appeals for the Fifth Circuit Docket: 08-30775
Raul Lopez-Velasquez ("Lopez"), also known as Raul Camacho-Salazar, pled guilty to illegal re-entry after deportation and was sentenced to seventy-two months in prison and three years of supervised release. This conviction triggered the revocation of his supervised release on an earlier conviction for illegal re-entry. In the separate revocation proceedings, Lopez was sentenced to serve twenty months in prison, consecutive to his seventy-two-month sentence for his most recent re-entry. Lopez [...]
Court: Court of Appeals for the Fifth Circuit Docket: 07-10151
This is an appeal from an order denying the appellants' motion to vacate a judgment in damages for malicious prosecution and slander. The judgment was entered in a proceeding at which the appellants did not appear, either personally or through an attorney. Their motion to vacate was brought under Fed.R.Civ.P. 55(c) (setting aside default judgment) and 60(b) (relief from judgment), and was denied by the district court without written reasons. Because we find merit in the appellants' [...]
Court: Court of Appeals for the Fifth Circuit Docket: 79-2845
Between November 1978, and July 1982, the appellant and two co-defendants conducted various schemes to defraud life insurance companies of commissions on policies and sold false income tax deductions to various business enterprises. The tax fraud conspiracy that formed the basis of appellant's guilty plea was instigated as a means of avoiding federal income tax on the fraudulently acquired insurance commissions. Appellant then marketed the income tax scheme to third parties as a [...]
Court: Court of Appeals for the Fifth Circuit Docket: 83-1829
Grant v. Cuellar (1995)
Robert Grant, an inmate proceeding pro se and in forma pauperis, appeals the district court's dismissal, under 28 U.S.C. Sec. 1915(d) (1988), of his civil rights suit against several prison officials. We dismiss for want of prosecution.
Court: Court of Appeals for the Fifth Circuit Docket: 94-60667
An employee of a small manufacturing concern, after sustaining severe injuries to his hands while working with a machine owned by his employer, brought suit against the manufacturer of the machine, alleging that it was defectively designed in that it lacked adequate operator safeguards. After the district court had granted the manufacturer's supplemental motion for summary judgment on the ground that the device in question was not defective as a matter of law, the employee filed a motion [...]
Court: Court of Appeals for the Fifth Circuit Docket: 89-4208
Plaintiffs Fayette Long and Jeanell Reavis appeal the district court's order granting Defendant Eastfield College's motions for summary judgment. We affirm in part, reverse in part, and remand.
Court: Court of Appeals for the Fifth Circuit Docket: 95-10526
United States v. Doggett (2000)Defendants Rodney Sloan Doggett and Dunois "Dee" T. Beman challenge their convictions and sentences for possession of methamphetamine with intent to distribute and conspiracy, in particular the constitutionality of treating drug quantities as a sentencing factor rather than an element of the underlying crime. Their appeal requires us to apply the Supreme Court's recent decision in Apprendi v. New Jersey, 120 S.Ct. 2348 (2000). Apprendi held that "[o]ther than the fact of a prior [...]
Court: Court of Appeals for the Fifth Circuit Docket: 99-50380
James Stephen Jones appeals the district court's partial dismissal of his retaliation claims and the complete dismissal of his Eighth Amendment claim against various personnel at the Federal Correctional Institute at Seagoville, Texas. Jones alleges that the defendants have engaged in a conspiracy to deny his constitutional rights in retaliation for his filing of various grievances. Specifically, Jones alleges that the defendants have retaliated against him by limiting his right of access [...]
Court: Court of Appeals for the Fifth Circuit Docket: 98-11041
The sole question in this diversity case is whether a private contract between the Texas Highway Department and the Railroad1 imposing on the Highway Department the duty to maintain the Railroad's right of way over a public highway crossing has the effect of absolving the Railroad from damages sustained by a member of the public as a consequence of a condition resulting from improper maintenance. On a jury verdict on special interrogatories2 finding that the Railroad had a 50-foot right [...]
Court: Court of Appeals for the Fifth Circuit Docket: 27439
United States v. Reyna (1998)Defendant-Appellant Jesus Ortega Reyna ("Ortega") was convicted by a jury on charges of possession with intent to distribute over 400 grams of heroin and 7,000 grams of amphetamines, in violation of 21 U.S.C. § 841(a)(1). On appeal, Ortega argues that the district court erred in denying his motion for acquittal, asserting that Plaintiff-Appellee the United States ("the government") failed to produce sufficient evidence that his possession of the illegal drugs was "knowing." After [...]
Court: Court of Appeals for the Fifth Circuit Docket: 97-40142
Leonard Orozco Buenrostro pled guilty to possession of 18 kilograms of heroin with intent to distribute. See 21 U.S.C. Secs. 841(a)(1) and (b)(1)(A). On appeal, he challenges only his sentence. He contends that the district court incorrectly applied the sentencing guidelines, see 18 U.S.C. Sec. 3553(a), by denying his request for a reduction in offense level on the ground that he was a "minimal participant." Guideline 3B1.2. He also contends that the district court should have made [...]
Court: Court of Appeals for the Fifth Circuit Docket: 88-2490
United States v. Brantley (2008)
Olan Wayne Brantley appeals his sentence after pleading guilty to one count of passing counterfeit checks and one count of bank fraud. He contends that the sentence was unreasonable and that the district court's imposition of a fine was erroneous. We affirm.
Court: Court of Appeals for the Fifth Circuit Docket: 07-30724
In December of 1992 a 134-page superseding indictment was returned charging 35 defendants with drug trafficking and related charges arising out of a conspiracy that began in 1985. After 84 days of trial, the ten defendants who are parties to this consolidated appeal were convicted of a number of offenses. Most of the defendants challenge the sufficiency of the evidence to support their convictions, and various defendants challenge a number of the trial court's rulings before and during [...]
Court: Court of Appeals for the Fifth Circuit Docket: 94-20645
This case propounds a riddle: When is a roughneck a seaman? The complainant offers the solution: under the Jones Act-- when the roughneck is injured while working as a member of a drilling crew on a mobile drilling platform towed to a well located in navigable waters. Respondents have no patience with conundrums: an oil worker on a rig firmly planted on the floor of the Gulf of Mexico is not a seaman, not on a vessel, and not entitled to the benefits of the Jones Act. When the facts [...]
Court: Court of Appeals for the Fifth Circuit Docket: 17445_1
Waltman, plaintiff-appellant, brought suit against her employer, International Paper Company (IPCO), defendant-appellee, alleging (1) claims for sexual harassment and sexual discrimination under Title VII and the Louisiana Fair Employment Act (LFEA); and (2) tort claims under Louisiana state law for invasion of privacy, assault, battery and intentional infliction of mental distress. The district court granted a partial summary judgment in IPCO's favor on the grounds that (1) the acts of [...]
Court: Court of Appeals for the Fifth Circuit Docket: 88-4088
Defendant-Appellant Brian Melancon seeks review of his sentence to 108 months' imprisonment for conspiring to distribute methylenedioxymethamphetamine. Because Melancon waived his right to appeal as part of his plea agreement, we dismiss.
Court: Court of Appeals for the Fifth Circuit Docket: 91-4627