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| Bonneville Power Admin. v. Mirant Corp. (In re Mirant Corp.), No. 04-11264,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 13, 2006, Filed
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Overview: A federal power marketing agency violated 11 U.S.C.S. § 362(a)'s automatic stay by terminating its executory contract with the debtor power producer because it had not sought relief from stay before terminating the contract even if an ipso facto clause and the Anti-Assignment Act, 41 U.S.C.S. § 15, would have allowed it to do so.
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| Greene v. Harris County, No. 05-20238,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 13, 2006, Filed
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| Herrington v. Grant (In re Paxton), No. 05-30052,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 13, 2006, Filed
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Overview: The setting aside of a tax sale for violation of the automatic stay was vacated and remanded because, since a trustee's right to avoid post-petition transfers was granted by 11 U.S.C.S. § 549, lower court analyses of whether a co-owner, as assignee of the trustee, had the right under 11 U.S.C.S. § 362 to avoid the tax sale was flawed.
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| In re Zohdy, No. 05-00041,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 13, 2006, Filed
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Overview: Attorney was suspended from practice as a member of the bar of federal circuit court, under Fed. R. App. P. 46, where Supreme Court of Louisiana suspended attorney based on attorney's conduct in two class action cases, and circuit court found none of the types of infirmities that would have militated against the imposition of reciprocal discipline.
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| Nugroho v. Gonzales, No. 04-60248,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 13, 2006, Filed
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Overview: A petition for review was denied because the court lacked jurisdiction to review the time-barred asylum claims, and substantial evidence supported the denial of withholding of removal and protection under the CAT.
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| Sahuc v. Tucker, No. 04-30434,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 13, 2006, Filed
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| Salazar v. Gonzales, No. 05-50218 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 13, 2006, Filed
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Overview: A motion to proceed in forma pauperis in connection with the appeal of the dismissal of an Eighth Amendment claim was denied because an inmate did not show that prison officials knew that he was facing a substantial risk of serious harm in connection with his placement in administrative segregation despite his threats to cut himself.
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| United States v. Anariba-Ramirez, No. 04-41293 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 13, 2006, Filed
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Overview: Defendant's conviction for violating 8 U.S.C.S. § 1326 was affirmed, but his sentence was vacated, and the case was remanded because the district court committed a Fanfan error, and the government could not meet its burden of proving that the district court would not have sentenced defendant differently under an advisory USSG regime.
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| United States v. Bailey, No. 04-31138,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, February 13, 2006, Filed
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Overview: Defendant's 120 month sentence was not unreasonable given the vulnerability and defenselessness of the infants, the severity of the injuries, and the repeated instances of abuse, and the Louisiana Legislature concluded that some instances of criminally negligent mistreatment warranted 10 years imprisonment under La. Rev. Stat. Ann. § 14:93.
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