Fifth Circuit Handdowns – January 22, 2014

United States v. Bosch – 13-40180 (unpublished): Summary affirmance of sentence enhancement based on district court credibility determination.

In re: Tamayo – 14-20051 (unpublished): Habeas petition determined not to be successive under AEDPA, because the basis for the new petition – a decision from the Inter-American Human Rights Commission – was not available at the time of the first petition.

Tamayo v. Stephens 14-70002 (published): – The decision on the merits as to the not-successive habeas petition from Edgar Tamayo, a death-row inmate in Texas scheduled to be executed today. In a remarkably expedited manner, the Court denies Rule 60(b) relief from the dismissal of Tamayo’s habeas petition, because the “change in the law” that Tamayo claimed justified his request was not sufficient to constitute extraordinary circumstances under Rule 60(b). In addition, because Tamayo waited eight months to file his Rule 60 request, it was not brought in a reasonable time.

Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s