5th Circuit Blog

Daily Round-Up (July 30, 2014)

By Razvan Ungureanu on July 30, 2014

Published Opinions:

  • Belle Co. v. U.S. Army Corps of Eng'rs, No. 13-30262 - Administrative Law/Clean Water Act - a jurisdictional determination ("JD") by the U.S. Army Corps of Engineers stating that property contains wetlands subject to regulation under the Clean Water Act is not "final agency action" under the APA and courts lack subject-matter jurisdiction over suits challenging such determinations; although a JD marks the consummation of the Corps's decision-making process, the JD is a property-classification notification that does not impose obligations or penalties.


  • U.S. v. Cedillo-Narvarez, No 12-41215 - Criminal Law/Sentencing - no plain error in applying the Sentencing Guidelines' ransom enhancement, vulnerable victim enhancement, and minor victim enhancement to defendant who plead guilty to conspiracy to hostage taking; the majority and concurring opinions express different views of the plain meaning of the minor victim enhancement


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