United States v. Ogle, 415 F.3d 382 (5th Cir. 2005). · Go Syfert
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United States v. Ogle, 415 F.3d 382 (5th Cir. 2005). Cases Citing This Book View Copy Cite
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cited 2× by 2 distinct cases, last quoted 2005 · …possibility of injustice so grave as to warrant disregard of usual procedural rules, at p. 384 ✓
cited 2× by 2 distinct cases, last quoted 2006 · …possibility of injustice so grave as to warrant disregard of usual procedural rules. at p. 384 ✓
cited 2× by 2 distinct cases, last quoted 2006 · …show a possibility of injustice so grave as to warrant disregard of usual procedural rules. at p. 384 ✓
60 citation events (60 in the last 25 years) across 3 distinct courts.
Treatment trajectory · 2005 → 2026 · click a year to view as-of
2005 2015 2026
Top citers, strongest first. 37 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Eiad Odeh v. City of Baton Rouge/Parish
5th Cir. · 2018 · signal: see · quote attribution · 1 verbatim quote · confidence high
our cases make it clear that an argument not raised in appellant's original brief as required by rule 28 is waived.
discussed Cited as authority (rule) Johnson v. Salter
5th Cir. · 2026 · confidence medium
For example, forfeiture occurs when the party fails . . . to adequately brief it on appeal.” Indigenous Peoples of Coastal Bend v. U. S. Army Corps of Eng’rs, 132 F.4th 872, 882 (5th Cir. 2025); United States v. Ogle, 415 F.3d 382, 383 (5th Cir. 2005) (per curiam) (“[A]n argument not raised in appellant’s original brief as required by Fed.
discussed Cited as authority (rule) United States v. Tyler
5th Cir. · 2024 · confidence medium
Based on Tyler’s arguments and concessions, we assume without deciding that the district court properly attributed 260 grams of heroin and _____________________ 5 See United States v. Ogle, 415 F.3d 382, 383 (5th Cir. 2005) (per curiam) (holding when an argument is not raised in appellant’s brief, it is considered waived). 11 Case: 23-30370 Document: 114-1 Page: 12 Date Filed: 12/04/2024 No. 23-30370 400 grams of fentanyl to him as relevant conduct within the drug conspiracy in which he participated. 6 This is in addition to at least 500 grams of methamphetamine Tyler pleaded guilty to pos…
discussed Cited as authority (rule) Weyerhaeuser v. Burlington Insurance
5th Cir. · 2023 · confidence medium
Weyerhaeuser contends that it did not waive this claim because “[t]he basis for the District Court’s dismissal of these claims is entirely subsumed within the errors set forth in Weyerhaeuser’s opening brief.” Defendants-Appellees correctly point out, however, that it is well-settled in this circuit that “an argument not raised in an appellant’s original brief as required by [Rule 28] is waived.” See United States v. Ogle, 415 F.3d 382, 383 (5th Cir. 2005).
cited Cited as authority (rule) AtlasTrdg Conglomerate, Inc. v. AT&T, Incorporated
5th Cir. · 2017 · confidence medium
P. 28 is waived.” United States v. Ogle, 415 F.3d 382, 383 (5th Cir. 2005).
cited Cited as authority (rule) AtlasTrdg Conglomerate, Inc. v. AT&T, Incorporated
5th Cir. · 2017 · confidence medium
App. P. 28 is waived.” United States v. Ogle, 415 F.3d 382, 383 (5th Cir. 2005).
discussed Cited as authority (rule) Till Derr v. Thomas Swarek (2×)
5th Cir. · 2014 · confidence medium
App. P. 28(a)(8)(A); United States v. Ogle, 415 F.3d 382, 383 (5th Cir. 2005). 14 Case: 13-60904 Document: 00512761978 Page: 15 Date Filed: 09/09/2014 No. 13-60904 non-liability.
cited Cited as authority (rule) Bouchikhi v. Holder
5th Cir. · 2012 · confidence medium
United States v. Ogle, 415 F.3d 382, 383 (5th Cir.2005).
cited Cited as authority (rule) Zoubir Bouchikhi v. Eric Holder, Jr.
5th Cir. · 2012 · confidence medium
United States v. Ogle, 415 F.3d 382, 383 (5th Cir. 2005).
cited Cited as authority (rule) United States v. Smith
5th Cir. · 2008 · confidence medium
United States v. Ogle, 415 F.3d 382, 383 (5th Cir.2005).
discussed Cited as authority (rule) Kendall v. State (2×)
Ind. Ct. App. · 2008 · confidence medium
United States v. Ogle, 415 F.3d 382, 384 (5th Cir.2005).
discussed Cited as authority (rule) United States v. Ponce-Sanchez
5th Cir. · 2006 · confidence medium
Because Ponce fails plain-error review, he also falls short of showing the “possibility of injustice so grave as to warrant disregard of usual procedural rules.” See United States v. Ogle, 415 F.3d 382, 384 (5th Cir.) (internal quotation marks and citation omitted), cert. denied, 126 S. Ct. 837 (2005).
discussed Cited as authority (rule) United States v. Vasquez-Ramos
5th Cir. · 2006 · confidence medium
To demonstrate extraordinary circumstances, Vasquez-Ramos must “show a possibility of injustice so grave as to warrant disregard of usual procedural rules.” United States v. Ogle, 415 F.3d 382, 384 (5th Cir.2005) (citation and internal quotation omitted), cert. denied, — U.S. -, 126 S.Ct. 837 , 163 L.Ed.2d 712 (2005) (No. 05-7454).
discussed Cited as authority (rule) United States v. Johnson (2×) also: Cited "see"
5th Cir. · 2005 · confidence medium
While the sentencing court arguably committed plain error, Johnson has not shown “a possibility of injustice so grave as to warrant disregard of usual procedural rules.” United States v. Ogle, 415 F.3d 382, 384 (5th Cir.2005) (quotation omitted).
examined Cited as authority (rule) United States v. Longbine (3×) also: Cited "see"
5th Cir. · 2005 · confidence medium
We will not consider Longbine’s contention “absent extraordinary circumstances.” See United States v. Ogle, 415 F.3d 382, 383 (5th Cir.2005).
discussed Cited as authority (rule) United States v. Villarreal-Medina (2×) also: Cited "see"
5th Cir. · 2005 · confidence medium
United States v. Ogle, 415 F.3d 382, 383 (5th Cir.2005).
discussed Cited as authority (rule) United States v. Villarreal-Medina (2×) also: Cited "see"
5th Cir. · 2005 · confidence medium
United States v. Ogle, 415 F.3d 382, 383 (5th Cir. 2005).
cited Cited as authority (rule) United States v. Gann
5th Cir. · 2005 · confidence medium
United States v. Ogle, 415 F.3d 382, 383-84 (5th Cir.2005) (holding that an argument not raised in appellant’s original brief is waived); United States v. Taylor, 409 F.3d 675, 676 (5th Cir.2005).
cited Cited as authority (rule) United States v. Garcia-Ramirez
5th Cir. · 2005 · confidence medium
United States v. Ogle, 415 F.3d 382, 383 (5th Cir. 2005) (holding that an argument not raised in appellant’s original brief is waived); United States v. Taylor, 409 F.3d 675, 676 (5th Cir.2005).
discussed Cited as authority (rule) United States v. Cruz
5th Cir. · 2005 · confidence medium
E.g., United States v. Ogle, 415 F.3d 382, 383 (5th Cir.2005) (per curiam) (stating that Booker issues were waived "[b]ecause [defendant] did not raise any Booker-related challenges to his sentence until his petition for certiorari" and because in his certiorari petition he “challenged for the first time the constitutionality of the Sentencing Guidelines as applied to him”); United States v. Kennedy, No. 03-11334, 137 Fed.Appx. 685 , 2005 WL 1458261 , 2005 U.S.App.
cited Cited "see" Ford v. Anderson County
5th Cir. · 2024 · signal: see · confidence high
See United States v. Ogle, 415 F.3d 382, 383 (5th Cir. 2005).
cited Cited "see" Ford v. Anderson County
5th Cir. · 2024 · signal: see · confidence high
See United States v. Ogle, 415 F.3d 382, 383 (5th Cir. 2005).
discussed Cited "see" United States v. Joaquin De La Cruz (2×)
5th Cir. · 2020 · signal: see · confidence high
See United States v. Ogle, 415 F.3d 382, 383 (5th Cir. 20015).
discussed Cited "see" United States v. Robert Scully
5th Cir. · 2020 · signal: see · confidence high
See Barker, 407 U.S. at 531 (“[T]he delay that can be tolerated for an ordinary street crime is considerably less than for a serious, complex 6 While delays of five years or more may give rise to a presumption of prejudice and relieve the defendant of satisfying Barker’s fourth prong, see Bishop, 629 F.3d at 466 , Scully does not brief this argument and has therefore waived it, see United States v. Ogle, 415 F.3d 382, 383 (5th Cir. 2005). 19 Case: 16-51429 Document: 00515332685 Page: 20 Date Filed: 03/04/2020 No. 16-51429 conspiracy charge.”). “[D]ifferent weights should be assigned to…
cited Cited "see" United States v. Kenneth Buholtz
5th Cir. · 2014 · signal: see · confidence high
See United States v. Ogle, 415 F.3d 382, 383 (5th Cir.2005).
cited Cited "see" United States v. Carmina Pando-De Madrid
5th Cir. · 2011 · signal: see · confidence high
See United, States v. Ogle, 415 F.3d 382, 383 (5th Cir.2005) (“Our cases make it clear that an argument not raised in appellant’s original brief as required by Fed.
discussed Cited "see" United States v. Strother (2×)
5th Cir. · 2010 · signal: see · confidence high
See United States v. Ogle, 415 F.3d 382, 383-84 (5th Cir. 2005).
discussed Cited "see" United States v. Strother (2×)
5th Cir. · 2010 · signal: see · confidence high
See United States v. Ogle, 415 F.3d 382, 383-84 (5th Cir.2005).
discussed Cited "see" United States v. Christie
5th Cir. · 2006 · signal: see · confidence high
See United States v. Ogle, 415 F.3d 382, 383 (5th Cir.), cert. denied, — U.S.-, 126 S.Ct. 837 , 163 L.Ed.2d 712 (2005) (“Our cases make it clear that an argument not raised in appellant’s original brief as required by Fed.
cited Cited "see" United States v. Cruz-Barraza
5th Cir. · 2005 · signal: see · confidence high
See United States v. Ogle, 415 F.3d 382, 383 (5th Cir.2005).
cited Cited "see" United States v. De Los Santos
5th Cir. · 2005 · signal: see · confidence high
See United States v. Ogle, 415 F.3d 382, 384 (5th Cir.2005)(internal quotations and citation omitted).
cited Cited "see" United States v. Bishop
5th Cir. · 2005 · signal: see · confidence high
See United States v. Ogle, 415 F.3d 382 (5th Cir.2005) (citation omitted).
discussed Cited "see" United States v. Garcia
5th Cir. · 2005 · signal: see · confidence high
See United States v. Ogle, 415 F.3d 382 (5th Cir.2005) (per curiam) (holding that extraordinary circumstances require a showing of a “possibility of injustice so grave as to warrant disregard of usual procedural rules”).
discussed Cited "see, e.g." United States v. Anthony Foley
5th Cir. · 2020 · signal: see, e.g. · confidence medium
See, e.g., United States v. Ogle, 415 F.3d 382, 383 (5th Cir. 2005) (holding an argument not raised in appellant’s brief is waived). 9 Warren, 720 F.3d at 332 (internal quotation omitted). 10 United States v. Rivera, 784 F.3d 1012, 1017 (5th Cir. 2015) (citing United States v. Walker, 742 F.3d 614, 616 (5th Cir. 2014)). 11 18 U.S.C. § 3661 . 12 See, e.g., United States v. Fields, 932 F.3d 316, 320 (5th Cir. 2019); United States v. Harris, 702 F.3d 226, 232 (5th Cir. 2012). 5 Case: 19-20129 Document: 00515256583 Page: 6 Date Filed: 01/03/2020 No. 19-20129 arrest.’” 13 In contrast, an arr…
discussed Cited "see, e.g." Amber Ibarra v. United Parcel Service, Inc.
5th Cir. · 2012 · signal: see, e.g. · confidence medium
See, e.g., United ' States v. Ogle, 415 F.3d 382, 383 (5th Cir. 2005) ("Our cases make it clear that an argument not raised in appellant's original brief as required by Fed.
discussed Cited "see, e.g." Salazar-Regino v. Trominski (2×)
5th Cir. · 2005 · signal: see also · confidence low
P. 28(a)(9)(A); see also United States v. Ogle, 415 F.3d 382, 383 , 2005 WL 1503538 , at *1 2005 U.S.App.
cited Cited "see, e.g." Salazar-Regino v. Trominski
5th Cir. · 2005 · signal: see also · confidence low
P. 28(a)(9)(A); see also United States v. Ogle, ___ F.3d ___, ___, 2005 WL 1503538 , at *1 2005 U.S.App.
Retrieving the full opinion text from the archive…
UNITED STATES of America, Plaintiff-Appellee,
v.
James O. OGLE, Defendant-Appellant
03-60833.
Court of Appeals for the Fifth Circuit.
Jun 27, 2005.
415 F.3d 382
Gaines H. Cleveland, John Arthur Mey-nardie, Asst. U.S. Attys., Gulfport, MS, for U.S., John William Weber, III, Gulfport, MS, Samuel Dennis Joiner, Fed. Pub. Def., Jackson, MS, for Ogle.
Higginbotham, Davis, Prado.
Cited by 43 opinions  |  Published

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

Before HIGGINBOTHAM, DAVIS and PRADO, Circuit Judges. PER CURIAM:

In our previous opinion in this case, we affirmed Defendant-Appellant Ogle’s conviction and sentence. See United States v. Ogle, 92 Fed.Appx. 996 (5th Cir.2004) (per curiam) (unpublished). Following our judgment, Ogle filed a petition for certiorari, in which he challenged for the first time the constitutionality of the Sentencing Guidelines as applied to him. The Supreme Court granted Ogle’s petition for certiorari, vacated our judgment, and remanded the case to this court for further consideration in light of United States v. Booker, — U.S.-, 125 S.Ct. 738, 160 L.Ed.2d 621 (2005). We now reconsider the matter in light of Booker and decide to reinstate our previous judgment affirming Ogle’s conviction and sentence.

Because Ogle did not raise any Booker-related challenges to his sentence until his petition for certiorari, we will not review his claim absent extraordinary circumstances. United States v. Taylor, 409 F.3d 675, 676 (5th Cir.2005). Our cases make it clear that an argument not raised in appellant’s original brief as required by Fed. R.App. P. 28 is waived. [1] Appellant argues that based on remarks made by the trial judge at sentencing, he can satisfy the plain-error test discussed in United States v. Mares, 402 F.3d 511, 520-22 (5th Cir.2005). Even if appellant can satisfy the[*384] plain error test, he has not met the even more exacting test required to show the presence of extraordinary circumstances, which requires appellant to show a “possibility of injustice so grave as to warrant disregard of usual procedural rules.” McGee v. Estelle, 722 F.2d 1206, 1213 (5th Cir.1984) (footnote omitted). Accordingly, we decline to consider the merits of his Booker challenge. Having reconsidered our decision pursuant to the Supreme Court’s instructions, we REINSTATE OUR JUDGMENT affirming Ogle’s conviction and sentence.

1

. See Procter & Gamble Co. v. Amway Corp., 376 F.3d 496, 499 (5th Cir.2004)(party waived argument not included in original brief to panel); Yohey v. Collins, 985 F.2d 222, 225 (5th Cir.1993). See also 16A C. Wright, A. Miller & E. Cooper, Federal Practice and Procedure § 3974.1 at 501 (1999)(is-sues not raised in appellant’s initial brief normally will not be considered by the court); Fed. R.App P. 28(a)(9)(A) which states that an appellant's brief must contain "appellant’s contentions and the reasons for them, with citations to the authorities and parts of the record on which the appellant relies.”