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| Brady v. State Farm Fire & Cas. Co., No. 05-30716 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, March 8, 2006, Filed
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Overview: District court properly held that suit to recover insurance proceeds was time-barred where policy contained one-year statute of limitations, limitation comported with La. Rev. Stat. Ann. § 22:629(A)(3), suit was filed 16 months after damage occurred, and running of prescription was not suspended because insureds had undisputed knowledge of damage.
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| Evans v. Barnhart, No. 05-40654 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, March 8, 2006, Filed
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| Harrison v. Jones, No. 05-30370 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, March 8, 2006, Filed
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Overview: Since plaintiffs' allegations were insufficient to show that law firm and its employees conspired with a state actor, court did not err in granting summary judgment on their § 1983 conspiracy claim. After dismissing § 1983claim, court did not abuse its discretion in refusing to exercise jurisdiction under 28 U.S.C.S. § 1367 over remaining claims.
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| Majd v. Gonzales, 05-60141,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, March 8, 2006, Filed
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Overview: Alien and his family were not entitled to asylum or withholding of removal under 8 U.S.C.S. §§ 1101(a)(42)(A), 1231(b)(3)(A) where substantial evidence showed that incidents in which alien was detained or shot at were motivated by generally dangerous conditions and by investigations by Israeli authorities, not by fact that alien was Palestinian.
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| Pierce v. Dretke, No. 04-20175 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, March 8, 2006, Filed
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Overview: Prisoner's motion for a COA was granted where prisoner demonstrated that reasonable jurists could debate whether he made a valid claim of a constitutional dimension because he established that reasonable jurists would debate whether district court correctly dismissed his federal petition as untimely pursuant to 28 U.S.C.S. § 2244(d)(1).
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| United States v. $ 197,557.00 in United States Currency, No. 04-31005 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, March 8, 2006, Filed
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Overview: Appellant's Fed. R. Civ. P. 60(b) motion (seeking to void the civil forfeiture of $ 197,577) was filed 16 years after currency was seized pursuant to default judgment. Because exceptional circumstances upon which appellant relied in Rule 60(b) motion were based on allegations of fraud, it was in nature of Rule 60(b)(3) motion, and it was untimely.
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| United States v. Araguz-Briones, No. 04-40870 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, March 8, 2006, Filed
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| United States v. Castillo, No. 05-40533 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, March 8, 2006, Filed
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Overview: Because jury found defendant transported illegal aliens for purpose of commercial advantage or private financial gain, she did not qualify for reduction under "other than for profit" clause, U.S. Sentencing Guidelines Manual § 2L1.1(b)(1). Court considered 18 U.S.C.S. § 3553 factors and sentenced her within properly calculated guidelines range.
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| United States v. Garcia, No. 04-41703 Summary Calendar,
UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT, March 8, 2006, Filed
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Overview: Defendant's sentence for violating 8 U.S.C.S. § 1326(a) and (b) was vacated and remanded because the USSG were applied as mandatory, and the government could not prove beyond a reasonable doubt that the district court would have imposed the same sentence had the USSG been advisory only.
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