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  • Commentaries
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5th Circuit Case Commentaries

Proper Attribution of Drug Quantities in Drug Trafficking Conspiracies: Insights from United States of America v. Randall Tyler

Proper Attribution of Drug Quantities in Drug Trafficking Conspiracies: Insights from United States of America v. Randall Tyler

Date: Dec 9, 2024
Proper Attribution of Drug Quantities in Drug Trafficking Conspiracies: Insights from United States of America v. Randall Tyler Introduction In the case of United States of America v. Randall Tyler,...
Affirmation of Sentencing Guidelines Application in Felony Firearm Possession: United States v. White

Affirmation of Sentencing Guidelines Application in Felony Firearm Possession: United States v. White

Date: Dec 9, 2024
Affirmation of Sentencing Guidelines Application in Felony Firearm Possession: United States v. White Introduction In the case of United States of America v. Leroy Harold White, Jr., the United...
Affirmation of Relevant Coconspirator Conduct and Drug Quantity Attribution under U.S.S.G. §1B1.3(a)(2) in Hernandez v. USA

Affirmation of Relevant Coconspirator Conduct and Drug Quantity Attribution under U.S.S.G. §1B1.3(a)(2) in Hernandez v. USA

Date: Dec 9, 2024
Affirmation of Relevant Coconspirator Conduct and Drug Quantity Attribution under U.S.S.G. §1B1.3(a)(2) in Hernandez v. USA Introduction In United States of America v. Gilberto Hernandez, the Fifth...
Reaffirmation of Jury Instruction Standards in Destructive Device Cases: United States v. Aikens

Reaffirmation of Jury Instruction Standards in Destructive Device Cases: United States v. Aikens

Date: Dec 9, 2024
Reaffirmation of Jury Instruction Standards in Destructive Device Cases: United States v. Aikens Introduction The case of United States of America v. Daniel D. Aikens serves as a pivotal moment in...
Fifth Circuit Clarifies Allocution at Revocation: Denial of a Defendant’s Personal Statement—Especially Without Mitigation by Counsel—Is Reversible Plain Error Warranting Vacatur

Fifth Circuit Clarifies Allocution at Revocation: Denial of a Defendant’s Personal Statement—Especially Without Mitigation by Counsel—Is Reversible Plain Error Warranting Vacatur

Date: Dec 5, 2024
Fifth Circuit Clarifies Allocution at Revocation: Denial of a Defendant’s Personal Statement—Especially Without Mitigation by Counsel—Is Reversible Plain Error Warranting Vacatur Introduction In...
Relevance Requires a Nexus: Fifth Circuit Rejects “Pattern-of-Coercion” Evidence from Unrelated Investigation and Reaffirms Limits on Defense Witness Immunity

Relevance Requires a Nexus: Fifth Circuit Rejects “Pattern-of-Coercion” Evidence from Unrelated Investigation and Reaffirms Limits on Defense Witness Immunity

Date: Dec 4, 2024
Relevance Requires a Nexus: Fifth Circuit Rejects “Pattern-of-Coercion” Evidence from Unrelated Investigation and Reaffirms Limits on Defense Witness Immunity Introduction In United States v....
No Comparator, No Case: Fifth Circuit Reaffirms Strict Comparator Requirement and Forfeiture of Unraised Discovery/Sealing Challenges in Title VII Litigation

No Comparator, No Case: Fifth Circuit Reaffirms Strict Comparator Requirement and Forfeiture of Unraised Discovery/Sealing Challenges in Title VII Litigation

Date: Dec 4, 2024
No Comparator, No Case: Fifth Circuit Reaffirms Strict Comparator Requirement and Forfeiture of Unraised Discovery/Sealing Challenges in Title VII Litigation Introduction This commentary analyzes the...
Fifth Circuit Reaffirms That § 3553(a) Balancing Alone Can Defeat Compassionate Release Even After Amendment 814

Fifth Circuit Reaffirms That § 3553(a) Balancing Alone Can Defeat Compassionate Release Even After Amendment 814

Date: Dec 3, 2024
Fifth Circuit Reaffirms That § 3553(a) Balancing Alone Can Defeat Compassionate Release Even After Amendment 814 Introduction In United States v. Clark, No. 24-10020 (5th Cir. Dec. 2, 2024) (per...
Affirmation of Discretion in Denying Sentence Reductions under 18 U.S.C. § 3582(c)(2) - United States v. Connell

Affirmation of Discretion in Denying Sentence Reductions under 18 U.S.C. § 3582(c)(2) - United States v. Connell

Date: Nov 28, 2024
Affirmation of Discretion in Denying Sentence Reductions under 18 U.S.C. § 3582(c)(2) - United States v. Connell Introduction United States of America v. Wesley Connell, 24-20060, decided on November...
APA §702 Waiver Affirmed: Texas Successfully Challenges Federal Border Patrol Wire-Cutting

APA §702 Waiver Affirmed: Texas Successfully Challenges Federal Border Patrol Wire-Cutting

Date: Nov 28, 2024
APA §702 Waiver Affirmed: Texas Successfully Challenges Federal Border Patrol Wire-Cutting Introduction The case of State of Texas v. United States Department of Homeland Security involves a...
Capstone Logistics v. NLRB: Affirming Employer Liability for Termination Based on Belief of Protected Concerted Activity

Capstone Logistics v. NLRB: Affirming Employer Liability for Termination Based on Belief of Protected Concerted Activity

Date: Nov 26, 2024
Capstone Logistics v. NLRB: Affirming Employer Liability for Termination Based on Belief of Protected Concerted Activity Introduction The case of Capstone Logistics, L.L.C. v. National Labor...
Affirmation of Fiduciary Shield Doctrine in Personal Jurisdiction: Savoie v. Pritchard

Affirmation of Fiduciary Shield Doctrine in Personal Jurisdiction: Savoie v. Pritchard

Date: Nov 26, 2024
Affirmation of Fiduciary Shield Doctrine in Personal Jurisdiction: Savoie v. Pritchard Introduction The case of Kenny Savoie v. Thomas Pritchard before the United States Court of Appeals for the...
Upholding AEDPA’s Relitigation Bar in Ineffective Assistance Claims: Crawford v. Cain

Upholding AEDPA’s Relitigation Bar in Ineffective Assistance Claims: Crawford v. Cain

Date: Nov 25, 2024
Upholding AEDPA’s Relitigation Bar in Ineffective Assistance Claims: Crawford v. Cain Introduction Charles Ray Crawford, the petitioner-appellant, filed a habeas petition challenging his conviction...
Supremacy of Federal Law Limits First Amendment Protections for Medical Marijuana Advertising

Supremacy of Federal Law Limits First Amendment Protections for Medical Marijuana Advertising

Date: Nov 25, 2024
Supremacy of Federal Law Limits First Amendment Protections for Medical Marijuana Advertising Introduction In the case of Clarence Cocroft; Tru Source Medical Cannabis, L.L.C. v. Chris Graham et al.,...
Indemnification Obligations Under the Louisiana Oilfield Anti-Indemnity Act: Shifting Contractual Responsibilities

Indemnification Obligations Under the Louisiana Oilfield Anti-Indemnity Act: Shifting Contractual Responsibilities

Date: Nov 22, 2024
Indemnification Obligations Under the Louisiana Oilfield Anti-Indemnity Act: Shifting Contractual Responsibilities Introduction The case of Jon Willis v. Barry Graham Oil Service, L.L.C. adjudicated...
Fifth Circuit Establishes Time-of-Sentencing Approach for Career-Offender Enhancements under the Controlled Substances Act

Fifth Circuit Establishes Time-of-Sentencing Approach for Career-Offender Enhancements under the Controlled Substances Act

Date: Nov 22, 2024
Fifth Circuit Establishes Time-of-Sentencing Approach for Career-Offender Enhancements under the Controlled Substances Act Introduction In the case of United States of America v. Edgar Hermosillo...
Brookwood v. City of Ridgeland: No Protected Property Interest without Proper Application under Zoning Ordinances

Brookwood v. City of Ridgeland: No Protected Property Interest without Proper Application under Zoning Ordinances

Date: Nov 22, 2024
Brookwood v. City of Ridgeland: No Protected Property Interest without Proper Application under Zoning Ordinances Introduction The case of Brookwood Development, L.L.C. v. City of Ridgeland presents...
State Action Requirement for §1981 Claims: Branda Olushola v. Tarrant County Hospital District

State Action Requirement for §1981 Claims: Branda Olushola v. Tarrant County Hospital District

Date: Nov 22, 2024
State Action Requirement for §1981 Claims: Branda Olushola v. Tarrant County Hospital District Introduction In the case of Branda Olushola v. Tarrant County Hospital District, the United States Court...
Article III Standing Reaffirmed: Institutional Injuries Insufficient in Governance Disputes

Article III Standing Reaffirmed: Institutional Injuries Insufficient in Governance Disputes

Date: Nov 22, 2024
Article III Standing Reaffirmed: Institutional Injuries Insufficient in Governance Disputes Introduction In the case of Rickey D. Jones et al. v. Governor Tate Reeves et al., the United States Court...
Enforcement of Contingency Fee Agreements Upon Client Discharge: Johns Law Firm v. Pawlik

Enforcement of Contingency Fee Agreements Upon Client Discharge: Johns Law Firm v. Pawlik

Date: Nov 22, 2024
Enforcement of Contingency Fee Agreements Upon Client Discharge: Johns Law Firm v. Pawlik Introduction The legal landscape governing contingency fee agreements is both intricate and pivotal in...
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