United States Fifth Circuit - March 2010 Opinion Summaries

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Description Date Docket #

US v. Miller

United States Fifth Circuit
Criminal Law & Procedure, Sentencing
Dismissal of defendant's petition for a writ of audita querela challenging a restitution order, arising from his conviction for conducting a monetary...
03/09/2010 08-11186

US v. Key

United States Fifth Circuit
Criminal Law & Procedure, Sentencing
Defendant's sentence for intoxication manslaughter is affirmed where 1) a sentencing court may incorporate into its statement of reasoning the...
03/05/2010 08-51299

Bustos v. Martini Club Inc.

United States Fifth Circuit
Civil Procedure, Civil Rights, Criminal Law & Procedure, Government Law, Injury & Tort Law
In a 42 U.S.C. section 1983 action based on a late-night confrontation with several off-duty police officers, dismissal of the action is affirmed...
03/05/2010 09-50079

US v. Xu

United States Fifth Circuit
Criminal Law & Procedure, Drugs & Biotech, Intellectual Property, Trademark
Defendant's conviction for trafficking in counterfeit pharmaceutical drugs is vacated as to one count where a rational juror could not have found...
03/05/2010 09-20074

Howard v. St. Germain

United States Fifth Circuit
Attorney's Fees, Civil Procedure
In an appeal from the district court's order assessing attorney's fees against defendants based on their improper removal of the case, the order is...
03/05/2010 09-30642

US v. Scroggins

United States Fifth Circuit
Criminal Law & Procedure
Defendant's firearm possession conviction is affirmed where: 1) the district court did not clearly in err in finding that defendant's fiancee...
03/04/2010 08-10966

Jackson v. Cal-Western Packaging Corp.

United States Fifth Circuit
Civil Rights, Labor & Employment Law
In an age discrimination action, summary judgment for defendant-employer is affirmed where: 1) plaintiff did not show that a comment by a coworker was...
03/03/2010 09-20411

Wooten v. Thaler

United States Fifth Circuit
Criminal Law & Procedure, Evidence, Habeas Corpus
In a capital habeas matter involving late-arriving DNA evidence used by the state to strengthen its case, a denial of the petition is affirmed where:...
03/02/2010 07-70044

Orosco v. Napolitano

United States Fifth Circuit
Administrative Law, Class Actions, Criminal Law & Procedure, Immigration Law
In an action seeking a writ of habeas corpus to compel defendants to issue him a law enforcement certification showing his cooperation with law...
03/02/2010 09-40004

US v. Williamson

United States Fifth Circuit
Criminal Law & Procedure, Evidence, Sentencing
Defendant's cocaine possession sentence is affirmed where: 1) for a U.S.S.G. section 3E1.1(b) reduction, the government must first determine that...
03/02/2010 09-10079