5th Circuit Blog

Daily Round-Up (Oct. 28, 2014)

By Razvan Ungureanu on October 29, 2014


Published Opinions:

1) U.S. v. Segovia, No. 12-41424 - Criminal Law/Sentencing - Segovia was sentenced to 51 months of imprisonment for being an alien unlawfully in the U.S. after having been previously deported.  The sentence included a sixteen-level enhancement for a prior conviction for a crime of violence.  (Segovia had been previously deported after a Maryland conviction for conspiracy to commit robbery with a dangerous and deadly weapon.)  Relying on Application Note 5 to the Sentencing Guidelines --- which states that conspiracy to commit a crime of violence is also a crime of violence --- the court rejected Segovia's argument that the Maryland conspiracy conviction cannot support a crime-of-violence enhancement.  The court held that the enhancement applies even where an overt act in furtherance of a conspiracy is not a required element for conspiracy under applicable state law. 

Unpublished Dispositions:

1) La. Sportsmen Alliance, LLC v. Vilsack, No. 13-31260 - Constitutional Law/Standing - This case is a reminder of how easy it can be to establish standing and how easy it is to dismiss a case for lack of subject-matter jurisdiction when the plaintiff does not take those easy steps.  The plaintiff, an organization purporting to represent the interests of hunters to use dogs when hunting deer, challenged the U.S. Forest Service's decision to ban the use of dogs to hunt deer in Louisiana's Kisatchie National Forest.  In a long, published opinion, the district court held that the ban was not arbitrary and capricious under the APA.  In a short, unpublished disposition, the Fifth Circuit remanded the case with instructions to dismiss without prejudice for lack of standing.  The Fifth Circuit explained that the plaintiff "never alleged any specific facts showing a concrete injury to any of its members."  All that the plaintiff had to do was submit an affidavit from one of its members stating that he or she wants to hunt with dogs in the Kisatchie National Forest and now cannot do so.

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