United States Fifth Circuit - January 2003 Opinion Summaries

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Description Date Docket #

WHELAN v. WINCHESTER PROD. CO.

United States Fifth Circuit
Corporation & Enterprise Law, Injury & Tort Law, Labor & Employment Law
Summary judgment dismissing RICO claim was proper, where an association-in-fact enterprise and continuity of the association were not demonstrated as...
01/30/2003 01-41105

US v. COMPIAN-TORRES

United States Fifth Circuit
Criminal Law & Procedure, Sentencing
A term of imprisonment imposed upon revocation of probation after a prior felony conviction is part of the punishment for that prior conviction;...
01/29/2003 02-50211

COMM'R OF INTERNAL REVENUE v. BROOKSHIRE BROS. HOLDING, INC.

United States Fifth Circuit
Corporation & Enterprise Law, Tax Law
Corporation's change in an accounting method was equivalent to a change in useful life, which did not require the consent of the Commissioner of...
01/29/2003 01-60978

US v. VARGAS-DURAN

United States Fifth Circuit
Criminal Law & Procedure, Sentencing
A Texas conviction for intoxication assault, which has as an element the use of force against another, was a "crime of violence" for purposes of the...
01/28/2003 02-20116

US v. OUTLAW

United States Fifth Circuit
Criminal Law & Procedure, Immigration Law, Sentencing
Sufficient reasonable and individualized suspicion supported an immigration inspection detention and questioning at a fixed checkpoint. Remand is...
01/27/2003 01-51142

US v. TURNER

United States Fifth Circuit
Criminal Law & Procedure, Sentencing
Substantial direct and circumstantial evidence supported the district court's finding that defendant was involved in a drug conspiracy under 21 U.S.C....
01/27/2003 01-11589

US v. RANGEL

United States Fifth Circuit
Criminal Law & Procedure, Sentencing
Defendant's sentence is vacated, where the district court did not indicate that it was departing from the guidelines, or indicate reasons for such a...
01/27/2003 01-11344

US v. GAMEZ-GONZALEZ

United States Fifth Circuit
Criminal Law & Procedure, Sentencing
In drug convictions under 21 U.S.C. sections 841(a)(1) and (b)(1)(A), the government was not required to prove defendant's mens rea regarding the type...
01/27/2003 02-40297

LOCKETT v. ENVTL. PROT. AGENCY

United States Fifth Circuit
Civil Procedure, Environmental Law
Citizen suit under the Clean Water Act cannot proceed because the state of Louisiana is diligently prosecuting an action under a comparable state law.
01/24/2003 01-31465

ROBERTS v. COCKRELL

United States Fifth Circuit
Criminal Law & Procedure, Habeas Corpus
Application for habeas relief was time-barred, as the federal court will not look to state law to determine when a state conviction becomes final for...
01/24/2003 02-50236