United States Fifth Circuit - September 2009 Opinion Summaries

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Description Date Docket #

US v. Rhine

United States Fifth Circuit
Criminal Law & Procedure, Sentencing
Defendant's drug and firearm possession sentence is reversed where the district court clearly erred when it determined that defendant's earlier...
09/30/2009 08-10502

Fairley v. Hattiesburg

United States Fifth Circuit
Constitutional Law, Elections, Government Law
In an action under the Voting Rights Act concerning the drawing of districts for municipal elections, judgment for defendants is affirmed where: 1)...
09/30/2009 08-60942

In the Matter of: Pac. Lumber Co.

United States Fifth Circuit
Bankruptcy Law, Civil Procedure
In a challenge to a confirmed Chapter 11 reorganization plan, the confirmation of the plan is affirmed in part where: 1) certain noteholders did not...
09/29/2009 08-40746

Smith v. Am. Family Life Assurance Co. of Columbus

United States Fifth Circuit
Contracts, Injury & Tort Law, Insurance Law, Transportation
In an action seeking insurance proceeds arising out of a helicopter accident, summary judgment for plaintiff is reversed where the district court...
09/28/2009 08-31032

Rabo Agrifinance Inc. v. Terra XXI LTd.

United States Fifth Circuit
Agriculture, Attorney's Fees, Civil Procedure, Contracts, Debt Collection, Property Law & Real Estate
In an action seeking to foreclose on plaintiff's security interests in loan collateral, district court's order allowing the foreclosure is affirmed...
09/23/2009 08-10143

Mushtaq v. Holder

United States Fifth Circuit
Administrative Law, Immigration Law
In a petition for review of the BIA's denial of petitioner's application for a section 212(k) waiver of removal, the petition is denied where the BIA...
09/23/2009 08-60277

US v. Cortez

United States Fifth Circuit
Criminal Law & Procedure, Sentencing
Defendant's sentence for being an alien unlawfully found in the U.S. following removal is vacated where the district court improperly failed to allow...
09/18/2009 08-41219

Holland v. Anderson

United States Fifth Circuit
Criminal Law & Procedure, Habeas Corpus
In a capital habeas matter, denial of petitioner's petition is affirmed where, although petitioner had the constitutional right to introduce evidence...
09/18/2009 06-70034

US v. Clark

United States Fifth Circuit
Criminal Law & Procedure
Defendant's conviction for importation of an alien for prostitution in violation of 18 U.S.C. section 1328 is affirmed where: 1) the overbreadth...
09/18/2009 08-10461

US v. Taylor

United States Fifth Circuit
Asset Forfeiture, Criminal Law & Procedure, Sentencing
Defendant's sentence for fraud in obtaining disaster relief assistance is affirmed where: 1) any error resulting from recalculation of the loss to...
09/18/2009 08-60581