Bar Association of the Fifth Federal Circuit
@baffc.bsky.social
US v Page: #5thCir affirms bank fraud/money laundering conspiracy charges related to millions in loans from bank, rejecting arguments re recusal, co-conspirators, evidence, pre-indictment delay, jury instructions #appellatesky #lawsky baffc.net/3MoSq33
December 11, 2025 at 5:03 PM
US v Page: #5thCir affirms bank fraud/money laundering conspiracy charges related to millions in loans from bank, rejecting arguments re recusal, co-conspirators, evidence, pre-indictment delay, jury instructions #appellatesky #lawsky baffc.net/3MoSq33
US v Elkins: #5thCir vacates conviction/life sentence for using firearm during crime of violence, finds cyberstalking offense under 2261A(2)(B) isn't categorical crime of violence; affirms other convictions/sentences #concur #appellatesky #lawsky baffc.net/4551Cjg
December 11, 2025 at 4:38 PM
US v Elkins: #5thCir vacates conviction/life sentence for using firearm during crime of violence, finds cyberstalking offense under 2261A(2)(B) isn't categorical crime of violence; affirms other convictions/sentences #concur #appellatesky #lawsky baffc.net/4551Cjg
Evans v Garza: #5thCir affirms denial of prelim injunction against prosecuting plaintiff for disseminating photo of transgender (biological male) person washing hands in #TXCapitol women's restroom #dissent #FirstAmendment #appellatesky #lawsky baffc.net/48SvFvL
December 11, 2025 at 4:22 PM
Evans v Garza: #5thCir affirms denial of prelim injunction against prosecuting plaintiff for disseminating photo of transgender (biological male) person washing hands in #TXCapitol women's restroom #dissent #FirstAmendment #appellatesky #lawsky baffc.net/48SvFvL
MIECO v Targa Gas: #5thCir reverses partial summary judgment, finds force majeure didn't excuse failure to deliver natural gas during #Uri; affirms jury verdict on price of gas delivered #TXlaw #contract #oilandgas #usagetrade #appellatesky #lawsky baffc.net/3MoMMxQ
December 11, 2025 at 3:43 PM
MIECO v Targa Gas: #5thCir reverses partial summary judgment, finds force majeure didn't excuse failure to deliver natural gas during #Uri; affirms jury verdict on price of gas delivered #TXlaw #contract #oilandgas #usagetrade #appellatesky #lawsky baffc.net/3MoMMxQ
Occidental Fire v Cox: #5thCir reverses JMOL: legally sufficient evidence existed for jury to reasonably conclude spinal injury didn't arise from use of LSD, negating homeowners policy controlled substance exclusion #dissent #appellatesky #lawsky baffc.net/4oRRktP
December 11, 2025 at 1:50 PM
Occidental Fire v Cox: #5thCir reverses JMOL: legally sufficient evidence existed for jury to reasonably conclude spinal injury didn't arise from use of LSD, negating homeowners policy controlled substance exclusion #dissent #appellatesky #lawsky baffc.net/4oRRktP
Baylor v Kennedy: #5thCir reverses judgment vacating new HHS rule affecting calculation of Disproportionate Share Hospital payments: no jurisdiction to hear case by TX hospitals outside of #Medicare channeling #DSH #healthcare #appellatesky #lawsky baffc.net/4912CY5
December 10, 2025 at 12:02 AM
Baylor v Kennedy: #5thCir reverses judgment vacating new HHS rule affecting calculation of Disproportionate Share Hospital payments: no jurisdiction to hear case by TX hospitals outside of #Medicare channeling #DSH #healthcare #appellatesky #lawsky baffc.net/4912CY5
Town of Vinton v Indian Harbor: #5thCir affirms denial of domestic insurers' motions to compel #arbitration in consolidated cases, agreeing that #LAlaw applied instead of the Convention #insurance #contracts #appellatesky #lawsky baffc.net/3MoNLxY
December 9, 2025 at 4:55 PM
Town of Vinton v Indian Harbor: #5thCir affirms denial of domestic insurers' motions to compel #arbitration in consolidated cases, agreeing that #LAlaw applied instead of the Convention #insurance #contracts #appellatesky #lawsky baffc.net/3MoNLxY
Alvarado v Briese Schiffahrts: #5thCir affirms summary jm for vessel owner/operator on claim by worker who fell from ladder: no showing that owner breached duty; worker was borrowed employee limited to #workerscomp #LHWCA #appellatesky #lawsky baffc.net/3Mr9NAb
December 9, 2025 at 4:14 PM
Alvarado v Briese Schiffahrts: #5thCir affirms summary jm for vessel owner/operator on claim by worker who fell from ladder: no showing that owner breached duty; worker was borrowed employee limited to #workerscomp #LHWCA #appellatesky #lawsky baffc.net/3Mr9NAb
US v Kirchner: #5thCir affirms wire #fraud & #moneylaundering convictions/240 mo sentence for co-founder of Dallas logistics software startup: no plain error in judge's questions, abuse-of-trust enhancement, loss calculation #appellatesky #lawsky baffc.net/48Z5F34
December 9, 2025 at 2:05 PM
US v Kirchner: #5thCir affirms wire #fraud & #moneylaundering convictions/240 mo sentence for co-founder of Dallas logistics software startup: no plain error in judge's questions, abuse-of-trust enhancement, loss calculation #appellatesky #lawsky baffc.net/48Z5F34
US v Hudson: #5thCir affirms felon-in-possession sentence: no error in including Arkansas robbery as crime of violence under #USSG Amendment 22 #criminallaw #appellatesky #lawsky baffc.net/48IOEsD
December 9, 2025 at 1:52 PM
US v Hudson: #5thCir affirms felon-in-possession sentence: no error in including Arkansas robbery as crime of violence under #USSG Amendment 22 #criminallaw #appellatesky #lawsky baffc.net/48IOEsD
Johnson v Stone County: #5thCir dismisses for lack of #jurisdiction interlocutory appeal of order granting judgment debtor's motion to intervene, which was merely step toward final judgment in long-running #FCA litigation #appellatesky #lawsky baffc.net/48GxYCd
December 5, 2025 at 4:13 PM
Johnson v Stone County: #5thCir dismisses for lack of #jurisdiction interlocutory appeal of order granting judgment debtor's motion to intervene, which was merely step toward final judgment in long-running #FCA litigation #appellatesky #lawsky baffc.net/48GxYCd
Santiago v Bondi: #5thCir denies review to native of Mexico/legal permanent resident: New Mexico child abuse conviction rendered him removable; aggravated assault conviction rendered him statutorily ineligible for cancellation #appellatesky #lawsky baffc.net/44E1S8M
December 5, 2025 at 3:57 PM
Santiago v Bondi: #5thCir denies review to native of Mexico/legal permanent resident: New Mexico child abuse conviction rendered him removable; aggravated assault conviction rendered him statutorily ineligible for cancellation #appellatesky #lawsky baffc.net/44E1S8M
Spin Capital v Jet Oilfield: #5thCir affirms dismissal of claim for contribution in #bankruptcy: person who signed agreement didn't have authority to #contract on behalf of LLC #appellatesky #lawsky baffc.net/445CmJu
December 5, 2025 at 3:46 PM
Spin Capital v Jet Oilfield: #5thCir affirms dismissal of claim for contribution in #bankruptcy: person who signed agreement didn't have authority to #contract on behalf of LLC #appellatesky #lawsky baffc.net/445CmJu
US v Rubalcava: #5thCir affirms sentence for man who sexually abused minor daughters & possessed child porn, including $10K #restitution, $30K special assessment, #USSG enhancements #criminallaw #appellatesky #lawsky baffc.net/4qbcAMz
December 5, 2025 at 2:42 PM
US v Rubalcava: #5thCir affirms sentence for man who sexually abused minor daughters & possessed child porn, including $10K #restitution, $30K special assessment, #USSG enhancements #criminallaw #appellatesky #lawsky baffc.net/4qbcAMz
Palms v TX Children's: #5thCir dismisses appeal, vacates pinion affirming summary jm for employer who denied but then granted employee #religious #accommodation exemption from #flu #vaccinemandate days after she filed suit #appellatesky #lawsky baffc.net/449bjgh
December 5, 2025 at 2:24 PM
Palms v TX Children's: #5thCir dismisses appeal, vacates pinion affirming summary jm for employer who denied but then granted employee #religious #accommodation exemption from #flu #vaccinemandate days after she filed suit #appellatesky #lawsky baffc.net/449bjgh
US v Currier: #5thCir embraces bright-line #sentencing rule: any discretionary condition in a written judgment that conflicts w/sentence as orally pronounced must be excised on remand; vacates sentence in part #criminallaw #appellatesky #lawsky baffc.net/3KuolhC
December 3, 2025 at 3:01 PM
US v Currier: #5thCir embraces bright-line #sentencing rule: any discretionary condition in a written judgment that conflicts w/sentence as orally pronounced must be excised on remand; vacates sentence in part #criminallaw #appellatesky #lawsky baffc.net/3KuolhC
US v McCree: #5thCir affirms felony #firearm possession conviction/sentence, rejects as-applied #2ndAmendment challenge, affirms 4-level #USSG enhancement where defendant possessed firearm & 5 crack #cocaine rocks #dissent #appellatesky #lawsky baffc.net/4ivjTf6
December 3, 2025 at 1:29 PM
US v McCree: #5thCir affirms felony #firearm possession conviction/sentence, rejects as-applied #2ndAmendment challenge, affirms 4-level #USSG enhancement where defendant possessed firearm & 5 crack #cocaine rocks #dissent #appellatesky #lawsky baffc.net/4ivjTf6
Gutierrez v Bondi: #5thCir denies motion for stay of #removal during #immigration appeal: equitable relief, no matter how "temporary" or "short," is never a matter of right or convenience #appellatesky #lawsky baffc.net/4rvFW9I
December 1, 2025 at 3:09 PM
Gutierrez v Bondi: #5thCir denies motion for stay of #removal during #immigration appeal: equitable relief, no matter how "temporary" or "short," is never a matter of right or convenience #appellatesky #lawsky baffc.net/4rvFW9I
US v Ducksworth: #5thCir affirms denial of motion to suppress #firearm found during traffic stop pat-down of passenger after driver lied about his own firearm possession, affirms felony possession conviction #criminallaw #appellatesky #lawsky baffc.net/3Mvk3Ho
December 1, 2025 at 3:07 PM
US v Ducksworth: #5thCir affirms denial of motion to suppress #firearm found during traffic stop pat-down of passenger after driver lied about his own firearm possession, affirms felony possession conviction #criminallaw #appellatesky #lawsky baffc.net/3Mvk3Ho
US v Castro: #5thCir affirms sentence for conspiracy/distribution of controlled substance, including #firearm and premises enhancements where gun & $1M+ proceeds were stored at apartment but #drugs weren't found #dissent #appellatesky #lawsky baffc.net/4aerBIo
November 26, 2025 at 1:14 PM
US v Castro: #5thCir affirms sentence for conspiracy/distribution of controlled substance, including #firearm and premises enhancements where gun & $1M+ proceeds were stored at apartment but #drugs weren't found #dissent #appellatesky #lawsky baffc.net/4aerBIo
US v Ahmadou: #5thCir affirms conviction/sentence for possession of #firearm as alien admitted under non-immigrant visa, including denial of entrapment by estoppel & denial of acceptance-of-responsibility reduction #dissent #appellatesky #lawsky baffc.net/4rgIYOV
November 26, 2025 at 12:58 PM
US v Ahmadou: #5thCir affirms conviction/sentence for possession of #firearm as alien admitted under non-immigrant visa, including denial of entrapment by estoppel & denial of acceptance-of-responsibility reduction #dissent #appellatesky #lawsky baffc.net/4rgIYOV
Cadence Bank v Johnson: #5thCir affirms diversity #jurisdiction, analyzing principal place of business; affirms summary judgment against individual guarantors on #loans, finding no release before default #appellatesky #lawsky #contracts baffc.net/4aa0JJB
November 25, 2025 at 3:09 PM
Cadence Bank v Johnson: #5thCir affirms diversity #jurisdiction, analyzing principal place of business; affirms summary judgment against individual guarantors on #loans, finding no release before default #appellatesky #lawsky #contracts baffc.net/4aa0JJB
US v Mitchell: #5thCir reverses, vacates felony possession conviction as unconstitutional: defendant's admission he was habitual #marijuana user didn't justify permanent ban on #firearm possession #dissent #SecondAmendment #appellatesky #lawsky baffc.net/47Yy0pP
November 24, 2025 at 2:50 PM
US v Mitchell: #5thCir reverses, vacates felony possession conviction as unconstitutional: defendant's admission he was habitual #marijuana user didn't justify permanent ban on #firearm possession #dissent #SecondAmendment #appellatesky #lawsky baffc.net/47Yy0pP
North East ISD v IM: #5thCir affirms: despite laudable efforts, school district denied a #FAPE to student w/ #autism & uniquely severe behavioral problems by refusing to provide additional extended-year services #IEP #IDEA #appellatesky #lawsky baffc.net/3LZkz0c
November 24, 2025 at 2:18 PM
North East ISD v IM: #5thCir affirms: despite laudable efforts, school district denied a #FAPE to student w/ #autism & uniquely severe behavioral problems by refusing to provide additional extended-year services #IEP #IDEA #appellatesky #lawsky baffc.net/3LZkz0c
T&W Holding v City of Kemah: #5thCir reverses dismissal of building owner's #Section1983 claims re city's issuance of zero-occupancy notice, finding claims are ripe & remanding for consideration of merits #takings #dueprocess #appellatesky #lawsky baffc.net/43IIVS4
November 24, 2025 at 1:56 PM
T&W Holding v City of Kemah: #5thCir reverses dismissal of building owner's #Section1983 claims re city's issuance of zero-occupancy notice, finding claims are ripe & remanding for consideration of merits #takings #dueprocess #appellatesky #lawsky baffc.net/43IIVS4