U.S. Fifth Circuit - The FindLaw 5th Circuit Court of Appeals Opinion Summaries Blog

Constitutional and Criminal Matters

United Healthcare Ins. Co. v. Davis, No. 08-30001, involved both parties' appeal from the district court's order enjoining the implementation of La. R.S. section 42:802.1 (the Act), on the basis that it violated the dormant Commerce Clause because it effectively favored Louisiana insurance companies in bidding for health insurance coverage for state employees, but holding that the Act did not violate the Commerce or Due Process Clauses.

In US v. Alexander, No. 09-50200, the Fifth Circuit affirmed defendant's drug possession sentence, holding that 1) obstruction of a state investigation based on the same facts as the eventual federal conviction qualifies for enhancement even if the obstructive conduct occurred before federal authorities commenced their investigation; and 2) defendant's direction to hide the firearms was sufficiently related to his offense of conviction, possession of cocaine base.

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