Case law

United States v. Cantu

340 F. App'x 186 · Court of Appeals for the Fifth Circuit · Jul 14, 2009

a generic statutory rape.30 Similar to Lopez-DeLeon, here the sum of Cantu’s confession sufficiently establishes that he committed a generic burglary. … erred in its determination that Cantu’s Texas burglary conviction, case number F-9575353, qualifies as a violent felony

Laker v. Vallette

14 F.3d 1088 · Court of Appeals for the Fifth Circuit · Feb 28, 1994

Thus, we review issues of law de novo and findings of fact under the clearly erroneous standard. James, 981 F.2d at 812. III. … The bankruptcy trustee argues that none of the preferential transfers made by Toyota qualify for the § 547(c)(4) exception “because [Toyota] repaid all the funds that Amelia Normand lent it.

Mathis v. Thaler

616 F.3d 461 · Court of Appeals for the Fifth Circuit · Aug 20, 2010

. § 848(q)(4)(B), which provides for qualified legal representation in federal habeas proceedings, and held that the right to counsel adheres prior to filing of a formal habeas petition. 512 U.S. at 854–57. … Mathis’s case clearly plays this out—his third state habeas petition was filed in April 2005, nearly six years after his conviction became final, yet was not dismissed as untimely.

McGowan v. New Orleans Employers International Longshoremen's Ass'n, AFL-CIO

538 F. App'x 495 · Court of Appeals for the Fifth Circuit · Aug 12, 2013

McGowan or his counsel within the 180-day period established by the Plan[;]” (2) “The ‘appeal’ lodged by Mr. … McGowan’s second counsel . . . was clearly untimely[;]” and (3) “Even if the February 9, 2012 letter constituted a timely appeal, the facts developed clearly confirm . . . that [McGowan] was able to work as a longshoreman

United States v. Ronald Conner

907 F.3d 316 · Court of Appeals for the Fifth Circuit · Oct 22, 2018

The Rules Committee could have qualified the party-status rule to apply only to suits against United States officers or employees in their individual capacities where the government has an interest writ large, which would … The stated criterion is whether the United States is a party to the action, a test clearly satisfied here, and not whether the United States is concerned with the particular order sought to be appealed—something that often

Michael Lamb v. Oscar Mendoza

478 F. App'x 854 · Court of Appeals for the Fifth Circuit · Jun 15, 2012

Thus, the jury did not reach the issues of qualified immunity or damages. … Causation of an injury was one of the elements Lamb had to prove to establish a constitutional violation.

Linn v. Chivatero

714 F.2d 1278 · Court of Appeals for the Fifth Circuit · Sep 19, 1983

In reply, the IRS agents contend that Linn's action is barred by the Anti-Injunction Act, the lack of anomalous jurisdiction, and the doctrine of sovereign immunity. 9 II. … That clearly is my view. It is imperative, however, that the IRS prove its right to retain possession of the documents and any copies thereof.

Northrop Grumman Ship Systems, Inc. v. Ministry of Defense of the Republic of Venezuela

575 F.3d 491 · Court of Appeals for the Fifth Circuit · Jul 9, 2009

AB, 773 F.2d 452, 460–61 (2d Cir. 1985) (finding notice sufficient where party’s opening papers clearly indicated the relevance of Swedish law); accord Melea, Ltd. v. … In sum, the district court clearly erred in determining that Scruggs had actual authority to bind the Republic to the settlement.

Ionmar Compania Naviera, S.A., as Owner of the Motorship Nicolaos D.L., Central of Georgia Railroad Company v. Olin Corporation v. Smith & Kelly Company, Climatrol Industries, Inc. v. M/v Nicolaos D.L., Olin Corporation v. Smith & Kelly Company, Consolidated Bearing Company Pty., Ltd. v. M/v Nicolaos D.L., Olin Corporation v. Smith & Kelly Company

666 F.2d 897 · Court of Appeals for the Fifth Circuit · Feb 1, 1982

This inference was compelling once the judge gave full credence to the opinions of admittedly qualified experts and the testimony of those who observed the fire develop. … As for the second prong of its claim, the district court's findings are clearly inadequate.

Paul Kinnison v. City of San Antonio

480 F. App'x 271 · Court of Appeals for the Fifth Circuit · May 31, 2012

On the state of the record, we conclude that Kinnison did not establish that the City’s actions were unreasonable as a matter of law. … United States, 891 F.2d 1154, 1159 (5th Cir. 1990) (“Motions for a new trial or to alter or amend a judgment must clearly establish either a manifest error 5  Case: 11-50333

Andrew Lee Jones v. Robert H. Butler, Sr., Warden, Louisiana State Penitentiary, Angola, Louisiana

864 F.2d 348 · Court of Appeals for the Fifth Circuit · Feb 21, 1989

Having been granted immunity, Mingo testified about defendant’s statements and his request to dispose of the TG & Y bag. … If the tests did establish that Jones could not have been the perpetrator, they were clearly exculpatory.

Harold P. Dahlgren v. United States

553 F.2d 434 · Court of Appeals for the Fifth Circuit · Aug 12, 1977

Since the law clearly recognized that in determining the question whether stock ownership is or is not in excess of 80% in value, it is possible for 79.975% of shares to equal more than 80% in value, there could be no doubt … Dahlgren’s transfer of the patent to the corporation does not fully qualify for capital gains treatment because Mr. and Mrs. Dahlgren owned more than 80% in value of the outstanding stock of the corporation.

Hammond v. Barnhart

124 F. App'x 847 · Court of Appeals for the Fifth Circuit · Mar 8, 2005

She claims she could not work because of ulceritive colitis, immune deficiency disease, mond’s pro se status.2 Second, Hammond irritable bowel syndrome, diarrhea, weakness, contends that (1) the … Sullivan, 925 F.2d 123, 125 (5th not introduced at the hearing established the sever- Cir. 1991). On the fifth, the Commissioner must ity of her depression.

Dr. Nolan L. Kinsey v. Salado Independent School District

950 F.2d 988 · Court of Appeals for the Fifth Circuit · Jan 3, 1992

The factors fueling it in 1988 included a new grading system, teacher certification (including teaching outside qualified area), and the division of authority between the Board and superintendent. … “To have a property interest in a benefit, a person clearly must have more than an abstract need or desire for it. He must have more than a unilateral expectation of it.

Gardner v. Malone

79 F.3d 1144 · Court of Appeals for the Fifth Circuit · Feb 15, 1996

The defendants filed a motion for summary judgment, asserting the defense of qualified immunity. … He claims that the jail failed to abide by the standards established under the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq., and that this failure constituted cruel and unusual punishment under the

United States v. Anthony J. Vesich, Jr.

724 F.2d 451 · Court of Appeals for the Fifth Circuit · Feb 15, 1984

While pendency is clearly a requirement of the statute, we have not had occasion to determine when a judicial proceeding is “pending” for purposes of the “due administration” clause of section 1503. … The witness apparently appeared before the grand jury but refused to testify, whereupon a Petition for Immunity was filed and granted. Walasek at 678 . 3 . In United States v.

Bollinger Shipyards, Inc. v. Director, Office of Worker's Compensation Programs

604 F.3d 864 · Court of Appeals for the Fifth Circuit · Apr 23, 2010

[The employee] thus qualifies for the Board’s award only by remaining inside the United States illegally. … The burden of proof in the calculation of damages was initially on Hernandez who had to establish the damages his injury had caused and was likely to cause in the future.

Louisiana ex rel. Guste v. Verity

853 F.2d 322 · Court of Appeals for the Fifth Circuit · Aug 15, 1988

In addition, many shrimpers have successfully constructed and installed qualified, homemade TEDs, at a much lower cost. … De Castro, 429 U.S. 181, 185 , 97 S.Ct. 431, 434 , 50 L.Ed.2d 389 (1976) (imperfect classifications are constitutional unless “clearly wrong, a display of arbitrary power, not an exercise of judgment”).

United States v. $321,470.00, United States Currency, Appeal of Michael Cambeletta, Movant-Appellant

874 F.2d 298 · Court of Appeals for the Fifth Circuit · Jun 5, 1989

“It is clear that anyone with an ownership or possessory interest in at least a portion of the property may file a *304 claim and answer.” 12 We accept this. statement as correct, but we qualify it by requiring that the possessory … The trial judge was not clearly erroneous in holding that there was probable cause that the cash seized in this case had a substantial connection with illegal trafficking in controlled substances. * * * * * * *306 The judgment

United States v. Noe Lopez-Gonzalez

916 F.2d 1011 · Court of Appeals for the Fifth Circuit · Oct 30, 1990

Gates, 462 U.S. 213 , 103 S.Ct. 2317 , 76 L.Ed.2d 527 (1983), had already adopted a “totality of the circumstances” approach to determining whether an informant’s tip establishes probable cause; White extended this holding … Although the tip here is not wholly lacking in detail, it is clearly less detailed than that in White . Nevertheless, several indi-cia of reliability here adequately make up for this relative paucity of detail.