United States Fifth Circuit - October 2005 Opinion Summaries

SEC v. Great White Marine & Recreation

Bankruptcy Law, Debt Collection, Securities Law
In a dispute concerning a distribution order of funds obtained in a civil action, judgment in favor of plaintiff-SEC is affirmed over defendant's...

Waker & Patterson v. Cahill

Bankruptcy Law, Attorneys' Fees

US v. Lucio

Criminal Law & Procedure, Immigration Law
If an alien's immigration status remains unlawful during the pendency of an application to adjust that status, the mere fact that he has received...

Railroad Mgmt. Co. v. CFS

Contracts
In a claim for breach of contract, summary judgment in favor of defendant is affirmed over plaintiff's claim that the district court erred in holding...

US v. Rodriguez-Gutierrez

Criminal Law & Procedure, Sentencing
Defendant's sentence for illegal re-entry following deportation is affirmed where he cannot show that the sentencing judge would have imposed a lesser...

City of Clarksdale v. BellSouth Telecomm.

Civil Procedure
Denial of plaintiff's motion to remand to state court is affirmed over its claim that defendant's notice of removal was untimely.

Lamar Homes Inc. v. Mid Continent Cas. Co.

Property Law and Real Estate, Construction, Insurance Law

Rodriguez-Castro v. Gonzales

Criminal Law & Procedure, Immigration Law
Plaintiff's petition for review is granted where the Board of Immigration Appeals improperly classified his conviction for attempted misdemeanor child...

Draughon v. Dretke

Criminal Law & Procedure, Habeas Corpus
The district court's grant of habeas relief to plaintiff is affirmed where his counsel provided ineffective assistance at both the guilt and...

US v. Saldana

Criminal Law & Procedure, Sentencing
Defendants' sentences for filing false tax statements is affirmed over their claim that the district court sentenced them in violation of their Sixth...