In an admiralty action for a percentage of the salvage value of a drilling unit, summary judgment for defendant is reversed where the record did not support the district court's conclusion that, as a matter of law, the parties agreed that the plaintiffs would be compensated in the same manner that they had previously been compensated by defendant.

Read Solana v. GSF Dev. Driller I, No. 06-30930

Appellate Information

Filed October 29, 2009

Judges

Opinion by Judge Owen

Defendant's conviction and sentence for transporting illegal aliens are affirmed where: 1) the district court did not abuse its discretion in applying a reckless endangerment enhancement; 2) defendant presented no evidence to suggest that the "financial gain" aspect of 18 U.S.C. section 1324(a)(1)(B)(ii) erroneously informed the district court's decision; and 3) defendant's sentence would not have been affected by a reduction based on smuggling aliens other than for profit.

Read US v. Garza, No. 08-41197

Appellate Information

Filed October 30, 2009

Judges

Per Curiam

In a wrongful death action based on a construction accident, summary judgment for defendants is affirmed where plaintiff's remedy was limited to workers' compensation under Louisiana law.

Read Groover v. Scottsdale Ins. Co., No. 08-31051

Appellate Information

Filed October 30, 2009

Judges

Opinion by Judge Engelhardt

In an action alleging that certain casino companies violated the Sherman Act by dividing the Louisiana casino market and by monopolizing, attempting to monopolize, and conspiring to monopolize that market, judgment on the pleadings for defendants is affirmed where plaintiff allegedly suffered injury only as a would-be competitor, and thus failed to allege antitrust injury.

Read Jebaco Inc. v. Harrah's Operating Co., No. 08-30289

Appellate Information

Filed October 30, 2009

Judges

Opinion by Judge Jones

In an appeal from an order remanding the case to state court in an action in which the FDIC had been a party but was subsequently dismissed, the order is reversed where the district court had no authority to remand the case because 12 U.S.C. section 1819(b)(2) continued to provide original jurisdiction over all claims in the case, even after the FDIC's dismissal.

Read Adair v. Lease Partners, Inc., No. 08-60674

Appellate Information

Filed October 28, 2009

Judges

Opinion by Judge Reavley

Defendants' criminal contempt convictions are affirmed where: 1) the record did not indicate that the trial judge failed to consider the recusal standard under 28 U.S.C. section 455(a) in denying defendants' motion to recuse; 2) the district court's instruction to the government to prosecute defendants for criminal contempt did not indicate prejudgment of the case; and 3) a district court's statements on the evidence at sentencing may not be considered as an accurate reflection of the district court's view of the evidence during trial.

Read US v. Allen, No. 08-11041

Appellate Information

Filed October 28, 2009

Judges

Per Curiam

In a Federal Tort Claims Act (FTCA) action against the U.S. alleging that federal agents used excessive force against plaintiff, judgment for defendants is affirmed where: 1) because agents' actions were privileged under Texas law, those actions did not constitute an assault for which the U.S. would be liable under the FTCA; and 2) the district court's finding that the agents' alleged negligence was not the proximate cause of plaintiff's injuries was not clearly erroneous.

Read Villafranca v. US, No. 08-10920

Appellate Information

Filed October 28, 2009

Judges

Opinion by Judge King

In an appeal from the district court's affirmance of the bankruptcy court's order disqualifying counsel for a creditor, the order is reversed where: 1) the bankruptcy court should have considered counsel's evidence of his lack of involvement with the debtor while at his prior law firm in making its decision; and 2) counsel presented sufficient evidence to demonstrate that he did not operate under a conflict of interest when he undertook the representation of creditor.

Read In the Matter of: Proeducation Int'l. Inc., No. 08-20398

Appellate Information

Filed October 30, 2009

Judges

Opinion by Judge King

In a firearm possession prosecution, dismissal of a habeas petition is vacated and judgment for respondents is entered on the merits, where the Bureau of Prisons' regulation categorically excluding early-release eligibility for inmates convicted of firearm possession was not arbitrary and capricious because it was justified by public safety concerns.

Read Handley v. Chapman, No. 09-10061

Appellate Information

Filed October 29, 2009

Judges

Opinion by Judge Smith

Defendant's drug conspiracy conviction is vacated where no exigent circumstances existed to justify the police's failure to obtain a warrant to search defendant's residence, and thus, the district court erred in denying defendant's motion to suppress.

Read US v. Menchaca-Castruita, No. 08-40403

Appellate Information

Filed October 29, 2009

Judges

Opinion by Judge Wiener