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| Aguirre v. Nueces County, No. 06-40317 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 9, 2007, Filed
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Overview: A district court's entry of summary judgment in favor of a county in an inmate's § 1983 case was affirmed because the inmate did not produce credible evidence to support his beating claim, and he had a sufficient opportunity for discovery before the district court entered summary judgment.
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| John Doe v. Tangipahoa Parish Sch. Bd., No. 05-30294,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 9, 2007, Filed
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| Nelson v. Quarterman, No. 06-70016,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 9, 2007, Filed
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Overview: Petitioner's application for a certificate of appealability to appeal the district court's refusal to grant equitable tolling doctrine to his untimely federal habeas petition was denied because petitioner knew about the impending deadline and could have filed a pro se skeletal petition before the limitations period expired.
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| Roberts v. City of Shreveport, No. 05-31135,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 9, 2007, Filed
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Overview: Plaintiff mother had no standing to pursue a claim under 42 U.S.C.S. § 1983 for the wrongful death of her son because the Louisiana statutes governing survival and wrongful death actions allowed surviving parents to bring such an action if the decedent left no spouse or child surviving, and decedent was survived by two minor children.
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| Sample v. Miles, No. 05-50624, 05-50727,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 9, 2007, Filed
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Overview: Remand of district court's bench trial ruling for prison officials in prisoner's action alleging retaliation was not required under Fed. R. Civ. P. 52(a) because factual findings that centered on credibility were sufficiently stated. District court did not abuse discretion by imposing Fed. R. Civ. P. 37 discovery sanction against U.S. attorney.
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| United States v. Flores, No. 04-11414,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 9, 2007, Filed
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Overview: Defendant's conviction for conspiring to distribute cocaine was affirmed because the district court did not err in admitting evidence of her mid-trial sale of cocaine to an undercover officer. Defendant's sentence was affirmed because her USSG sentencing range was properly determined, and she was sentenced within that range.
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| United States v. Perrin, 06-30115,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 9, 2007, Filed
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Overview: In departing from 108-130 month guideline range following defendant's guilty plea to receipt and possession of child pornography, district court failed to articulate sufficient reasons to justify 60-month statutory minimum sentence; sentence did not sufficiently account for 18 U.S.C.S. § 3553(a)(1)-(2) factors and gave weight to improper factors.
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| United States v. Rivera-Bernal, No. 03-51435 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 9, 2007, Filed
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