Cases

ORDER Upon consideration of Kevin A. Barnes, et al.’s unopposed motion to voluntarily dismiss their appeal, IT IS ORDERED THAT: (1) The motion is granted. (2) Each side shall bear its own costs.

LINN, Circuit Judge. ORDER Kevin Barnes et al. (Barnes) notify the court that the United States Court of Federal Claims has requested that this court dismiss “the entire matter on appeal, without prejudice, and remand to this court for the purpose of addressing all outstanding matters.” We treat Barnes’ notification as a motion to remand. The United States has not responded. On

Case: 21-10292 Document: 529-1 Page: 1 Date Filed: 03/08/2024 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED March 8, 2024 No. 2

Case: 21-10292 Document: 00516915625 Page: 1 Date Filed: 10/02/2023 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED October 2, 2023

Case: 18-50979 Document: 00515557356 Page: 1 Date Filed: 09/09/2020 United States Court of Appeals for the Fifth Circuit United States Court of Appeals Fifth Circuit FILED September 9, 2020

JERRY E. SMITH, Circuit Judge: Byron Jones (“Byron”), Deloyd Jones (“Deloyd”), and Sidney Patterson appeal their convictions of numerous felonies related to their membership in a group called Ride or Die (“ROD”). They challenge the sufficiency of the evidence and the admission of certain evidence, the refusal to adopt proposed jury instructions, and appli

JERRY E. SMITH, Circuit Judge, dissenting, joined by DENNIS, PRADO, GRAVES, HIGGINSON, and COSTA, Circuit Judges, in full; and joined except for footnote 2 by SOUTHWICK, Circuit Judge: The baseball legend Yogi Berra is credited with the unintentionally humorous statement, “When you come to a fork in the road, take it.”1 By refusing, in a terse footnote, to address the rule of orderli

EMILIO M. GARZA, Circuit Judge: This appeal arises out of the convictions and sentences of four defendants, Miguel Nieto, Ramon Morales, Carlos Hernandez, and Santos Almanza. The indictment charged three counts: (1) racketeering in violation of 18 U.S.C. § 1962(c) of the Racketeer Influenced and Corrupt Organizations Act (“RICO”); (2) conspiracy to racketeer in violation of 18 U.S

BENTON, Circuit Judge. A jury convicted Silas Roynel Swift and Jose Luis Escota Moya of conspiracy to possess with intent to distribute methamphetamine and possession with intent to distribute meth in violation of 21 U.S.C. §§ 841(a)(1) and 846. Swift argues the district court 1 erred in admitting evidence from a search

601 F.3d 408 (2010) UNITED STATES of America, Plaintiff-Appellee, v. Steven Jay SCHER, Defendant-Appellant. No. 08-20269. United States Court of Appeals, Fifth Circuit. March 23, 2010. *410 Mary Jane Harmon, Ryan Douglas McConnell, Asst. U.S. Atty. (argued), James Lee Turner, Asst. U.S. Atty., Houston, TX, for Plaintiff-Appellee.

PER CURIAM. This is an appeal from the lower court’s order denying defendants’ motions to dismiss the indictment on the ground the indictment constitutes double jeopardy. The court’s order is appealable. Abney v. U. S., 431 U.S. 651, 97 S.Ct. 2034, 52 L.Ed.2d 651. Appellees also urge us to decide that their right to due process was violated by the government’s alleged use of certain potentially incriminating informa

589 F.2d 249 UNITED STATES of America, Plaintiff-Appellee,v.Enrique GARCIA, Jr., Guadalupe Garcia, Amadeo Uresti Garza,Rogelio Jose De La Garza, Roberto Lopez Hernandez, JuventinoSalinas Munoz, Joseph Gonzalez Alvarado, Ramiro GonzalezAlvarado, Rogelio Arenas, Santiago Casiano, Jr., ErnestoJohnny Gonzalez, Rodolfo Gonzalez, Rogelio Gonzalez, EliseoReyes Guerra, Carlos Nieto, Julian Herrera Mendoza,Natividad Ocanas, a

Opinion for the court filed by Circuit Judge HENDERSON. KAREN LeCRAFT HENDERSON, Circuit Judge: The appellant, Antoine Perry, was convicted of unlawful accessing a computer resulting in damage in violation of 18 U.S.C. § 1030(a)(5)(A)®. 1 He appeals, asserting that the district court committed t

BETTY B. FLETCHER, Circuit Judge: Appellants Frank Fernandez (“Fernandez”), Roy Gavaldon (“Gavaldon”), David Gonzales-Contreras (“Contreras”), Dominick Gonzales (“Gonzales”), Jimmy Sanchez (“Sanchez”), and Suzanne Schoenberg-Sanchez (“Schoenberg”) (collectively “Appellants”) were convicted on a variety of RICO and drug-trafficking charges relating to their participation in or involvement with the Mexican Mafia or “the Erne

REVISED, May 26, 1998 IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _____________________ No. 97-20130 _____________________ UNITED STATES OF AMERICA, Plaintiff-Appellee, v. JUAN GARCIA ABREGO, Defendant-Appellant. ______________________________

388 F.3d 1199 UNITED STATES of America, Plaintiff-Appellee,v.Frank FERNANDEZ, Defendant-Appellant.United States of America, Plaintiff-Appellee,v.Roy Gavaldon, aka Spider, Defendant-Appellant.United States of America, Plaintiff-Appellee,v.David Gonzales-Contreras, aka David Contreras-Gonzalez, Defendant-Appellant.United States of America, Plaintiff-Appellee,v.Dominick Shewmaker Gonzales, aka Solo, aka Domi

KING, Circuit Judge: Defendant-appellant Juan Garcia Abrego appeals his conviction and sentence for ten counts of possession with intent to distribute cocaine in violation of 21 U.S.C. § 841(a)(1) and (b)(1)(A), five counts of money laundering in violation of 18 U.S.C. § 1956(a)(l)(A)(i); three counts of money laundering in violation of 18 U.S.C. § 1956(a)(2)(A), one count of co

W. EUGENE DAVIS, Circuit Judge: In this consolidated appeal both Juan Raul Garza and Manuel Flores challenge their convictions and sentences. Juan Raul Garza was convicted of five violations of various drag trafficking laws 1 , operating a continu *1

*1269GODBOLD, Circuit Judge, dissenting: I believe that the warrantless search of the pickup camper driven by Tuley did not meet the standards of the Fourth Amendment. Since the search, with a warrant, of the mobile home was the fruit of the earlier search of the pickup, it too must fall. I. The Content of the Tip A

672 F.Supp. 987 (1987) Yolanda NIETO, Plaintiff, v. UNITED AUTO WORKERS LOCAL 598 et al., Defendants. No. 85-CV-40557-FL. United States District Court, E.D. Michigan, N.D. September 1, 1987. *988 Glen Lenhoff, Flint, Mich., for plaintiff. John Canzano, Klimisti, McKnight, Sale & McClow P.C., Southfield, Mich., for UAW.