A Honduran man caught illegally re-entering the U.S. from Mexico after 2012 deportation.
Feds: His sentence should be enhanced as he was convicted in 2006 of beating his brother-in-law to death with a baseball bat in Missouri.
Fifth Circuit (panel): Our precedent requires us to declare that such a crime is not one of violence, so a sentence enhancement is inappropriate.
Fifth Circuit (en banc): “It is high time for this court to take a mulligan” on this issue, and we overrule 15 years of precedent.
Mulligan
A mulligan is a second chance to perform an action, usually after the first chance went wrong through bad luck or a blunder.
16 ACTIVE JUDGES HEAR EN BANC
Yale’s Jack Jones Asks A Major Question: The Fifth Circuit’s Erratic and Unpredictable Opinions
By ignoring its own previous panel decisions, the Fifth Circuit has developed at least two distinct strains of jurisprudence.
Venue Showdown: Exploring Fifth Circuit’s Discordant Rulings on SpaceX and Ft Worth Chamber of Commerce
Parsing Through Legal Friction: SpaceX’s Rejection and Fort Worth Chamber of Commerce Victory in Texas Venue Battles.
Justice Sonia Sotomayor Unleashes on the Beastly Court of Appeals for the Fifth Circuit
Justice Sotomayor rips Fifth Circuit for their breathtaking defiance of the rule of law, precedent, and their flaming cowardice.
Justice Gorsuch: “In this world, real people are injured by actions taken without lawful authority.”
Appellants, Joanna Burke and John Burke (“Burkes”), now file a motion to stay based on the events of last week at the US Supreme Court.
Collins v Yellen, The FHFA Supreme Court Decision 2021 Remands to Fifth Circuit
The court dealt a blow to shareholders, turning away a claim that the Federal Housing Finance Agency exceeded its statutory authority.
NJ Judge Maintains the Trump Pardon Promise Wiping Away Attorney’s Law Debt
Judge Uyl has declined to hold attorney George Gilmore and his ex-partner individually responsible for their former law firm’s unpaid debt.
