U.S. v. Peterson, 19-11143, appeal from N.D. Tex., designated for publication Higginson, J. (Higginbotham, Jones, Higginson), criminal, attempted enticement of a minor, sentencing Affirming conviction and sentence of defendant for attempted enticement of a minor to engage in sexual activity under 18 U.S.C. § 2422(b). The Court rejected defendant’s challenge to the sufficiency f the … More Take the Fifth: Oct. 6, 2020 opinions
Empower Texans, Inc. v. Geren, 19-50557, appeal from W.D. Tex., designated for publication Southwick, J. (Elrod, Southwick, Haynes), mootness Vacating District Court’s dismissal of suit on grounds of legislative immunity, holding the suit to be moot, and remanding with instructions to dismiss as moot. Plaintiffs had filed suit against the Chairman of the Committee on … More Take the Fifth: Oct. 5, 2020 opinions
Basic Capital Management, Inc. v. Dynex Capital, Inc., et al., 19-11272, appeal from N.D. Tex., designated for publication King, J. (King, Stewart, Southwick), commercial, fraudulent transfer, alter ego, limitations, res judicata Affirming 12(b)(6) dismissal on time-bar and res judicata grounds of plaintiffs’ complaint asserting claims fraudulent transfer and alter ego. Plaintiffs had gained a $55 … More Take the Fifth: Oct. 2, 2020 opinions
U.S. v. Crittenden, 18-50635, unpublished per curiam (Dennis, Elrod, Costa), criminal, sufficiency of evidence District Court had granted new trial to defendant convicted of possession with intent to distribute methamphetamines. Fifth Circuit panel withdrew its prior majority and dissenting opinions; and remanded to the District Court to clarify whether it had held that there was … More Take the Fifth: Oct. 1, 2020 opinions
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