Appellate Judges

Three Items found at the Fifth Circuit; A Baseball Bat, a Mulligan and a Precedent

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. 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 inappropriat

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. 

More at Wikipedia

16 ACTIVE JUDGES HEAR EN BANC

WILLETT, DON R.

STEWART, CARL E.

SOUTHWICK, LESLIE H.

SMITH, JERRY E.

OWEN, PRISCILLA R.

OLDHAM, ANDREW “ANDY” S.

JONES, EDITH H.

HO, JAMES C.

HIGGINSON, STEPHEN A.

HAYNES, CATHARINA

GRAVES, JAMES E. (JR)

ENGELHARDT, KURT E.

ELROD, JENNIFER W.

DUNCAN, STUART K.

DENNIS, JAMES L.

COSTA, GREGG J.

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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.

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The court dealt a blow to shareholders, turning away a claim that the Federal Housing Finance Agency exceeded its statutory authority.

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Failure to follow rule 76a jeopardizes the concepts of open courts and public access, wastes valuable judicial resources, and lets parties hide information that should not be protected.

Three Items found at the Fifth Circuit; A Baseball Bat, a Mulligan and a Precedent
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Laws In Texas is a blog about the Financial Crisis and how the banks and government are colluding against the citizens and homeowners of the State of Texas and relying on a system of #FakeDocs and post-crisis legal precedents, specially created by the Court of Appeals for the Fifth Circuit to foreclose on homeowners around this great State. We are not lawyers. We do not offer legal advice. We are citizens of the State of Texas who have spent a decade in the court system in Texas and have been party to during this period to the good, the bad and the very ugly.

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