Published opinions from 2007. The case name opens the case page.
October 23, 2007505 F.3d 389
The Fifth Circuit affirmed Peltier’s 120-month sentence, concluding that his unpreserved challenge to its reasonableness did not establish plain error. The district court’s stated grounds—including Peltier’s criminal history, risk of recidivism, and treatment needs—did not make the sentence plainly erroneous, and his…
October 5, 2007503 F.3d 397
The Fifth Circuit affirmed dismissal because the Title IV-D provisions Cuvillier invoked did not unambiguously create individual federal rights enforceable under 42 U.S.C. § 1983.
The court held that the policies’ flood exclusions unambiguously barred recovery for property damage from the New Orleans inundation, even assuming negligent levee design, construction, or maintenance contributed to the breaches.
July 17, 2007492 F.3d 624
The court affirmed Pineda-Arrellano’s guilty-plea conviction and sentence, holding that controlling Supreme Court precedent foreclosed his Sixth Amendment challenge to treating a prior conviction as a sentencing enhancement rather than an offense element.
July 11, 2007492 F.3d 551
The Fifth Circuit affirmed summary judgment for the City on McCoy’s Title VII discrimination and retaliation claims, her First Amendment retaliation claim, and her Louisiana intentional-infliction-of-emotional-distress claim.
January 19, 2007476 F.3d 337
The Fifth Circuit affirmed the dismissal of Turner’s claims against the Foundation and summary judgment for RHA on her discriminatory-discharge, hostile-work-environment, and retaliation claims.