Unpublished
- Union Pacific Railroad Company v. American Railway and Airway Supervisors’ Association, 18-50110, appeal from W.D. Tex.
- per curiam (Owen, King, Stewart), Owen, C.J., dissenting; labor law, employment law
- Reversing district court’s vacatur of Public Law Board’s order to reinstate employee on finding that positive drug test was a false-positive, and remanding for further proceedings.
- Chief Judge Owen dissented on basis that fact issue remained as to whether employee could be reinstated to a position that was not safety-sensitive.
- U.S. v. Bryson, 19-51126, appeal from W.D. Tex.
- per curiam (Clement, Higginson, Engelhardt), criminal, sentencing
- Affirming 60-month sentence on guilty plea for being a felon in possession of a firearm.
- McCullough v. Herron, 20-20058, appeal from S.D. Tex.
- per curiam (Owen, King, Engelhardt), § 1983, qualified immunity
- Affirming summary judgment dismissal based on qualified immunity of § 1983 suit brought my mother against Child Protective Services.
- U.S. v. Llamas, 20-40219, appeal from S.D. Tex.
- per curiam (King, Smith, Wilson), criminal, guilty plea
- Affirming conviction based on guilty plea to charges of conspiracy to possess with intent to distribute a synthetic cannabinoid mixture, on finding that district court did not plainly err in accepting the factual basis of defendant’s knowledge of conspiracy and voluntary participation in it.
- Machuca v. DeJoy, 20-50193, appeal from W.D. Tex.
- per curiam (Haynes, Willett, Ho), Americans with Disabilities Act, employment discrimination, Rehabilitation Act
- Affirming district court’s dismissal of ADA claims against the U.S. Postmaster General on basis that ADA claims cannot be brought against the federal government, and of Rehabilitation Act claims for failure to exhaust administrative remedies.
- U.S. v. Glenewinkel, 20-50563, appeal from W.D. Tex.
- per curiam (Clement, Elrod, Haynes), criminal, compassionate release
- Affirming district court’s denial of motion for sentence reduction and denying motion for compassionate release.
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