Month: February 2021

Take the Fifth: Feb. 25, 2021 opinions

February 26, 2021

Designated for publication Daves v. Dallas County, Texas, 18-11368, appeal from N.D. Tex. per curiam (en banc court, except for Oldham, J., recused), cash bail, § 1983, Equal Protection, Due Process, sovereign immunity, Ex Parte Young Voting to rehear en banc this matter where, on December 28, 2020, the panel of Judges Southwick, Graves, and Engelhardt (Southwick, J., authoring) affirmed … More Take the Fifth: Feb. 25, 2021 opinions

Take the Fifth: Feb. 24, 2021 opinions

February 25, 2021

Designated for publication U.S. v. Nora, 18-31078, appeal from E.D. La. Higginson, J. (Higginbotham, Jones, Higginson), criminal, sufficiency of evidence Reversing convictions and vacating sentence on counts of conspiracy to commit health care fraud, conspiracy to pay or receive illegal health care kickbacks, and aiding and abetting health care fraud, on holding that there was … More Take the Fifth: Feb. 24, 2021 opinions

Take the Fifth: Feb. 23, 2021 opinions

February 24, 2021

Designated for publication U.S. v. Dejean, 19-30865, appeal from E.D. La. Duncan, J. (Clement, Ho, Duncan), criminal, juror bias Affirming jury-trial conviction of defendant for mail fraud and making false statements to a bank; rejecting defendant’s argument that district court erred in seating a juror who allegedly was biased against gamblers, where defendant used the … More Take the Fifth: Feb. 23, 2021 opinions

Take the Fifth: Feb. 22, 2021 opinions

February 23, 2021

Unpublished GuideOne Insurance Co. v. First United Methodist Church of Hereford, 20-10528, appeal from N.D. Tex. per curiam (Wiener, Dennis, Duncan), jurisdiction Dismissing appeal from summary judgments in insurance coverage dispute for lack of appellate jurisdiction where all claims against all parties had not been resolved. U.S. v. Cruz-Miguel, 20-507110, appeal from W.D. Tex. per … More Take the Fifth: Feb. 22, 2021 opinions

Take the Fifth: Feb. 19, 2021 opinions

February 22, 2021

Designated for publication U.S. v. Kim, 18-51024, appeal from W.D. Tex. Dennis, J. (Dennis, Southwick, Ho), criminal, sentencing, restitution Vacating restitution order and remanding for redetermination, but dismissing appeal regarding application of sentencing enhancement as barred by the guilty-plea appeal waiver. Defendant pled guilty to one count of criminal copyright infringement; the district court sentenced … More Take the Fifth: Feb. 19, 2021 opinions

Take the Fifth: Feb. 18, 2021 opinions

February 19, 2021

Unpublished U.S. v. Wright, 20-10052, appeal from N.D. Tex. per curiam (King, Smith, Wilson), criminal, crime of violence, Fifth Amendment, sentencing Affirming convictions of one defendant for three counts of interference with commerce by robbery and aiding and abetting, two counts of using, carrying, and brandishing a firearm during and in relation to a crime … More Take the Fifth: Feb. 18, 2021 opinions

Take the Fifth: Feb. 17, 2021 opinions

February 18, 2021

Designated for publication Echeverry v. Jazz Casino Co., 20-30038, appeal from E.D. La. Southwick, J. (Jolly, Southwick, Wilson), negligence, damages, sufficiency of evidence On petition for rehearing, withdrawing January 11 panel opinion and replacing with new opinion with same outcome: Affirming district court’s denial of defendant’s motion for judgment as a matter of law and … More Take the Fifth: Feb. 17, 2021 opinions

Take the Fifth: Feb. 15, 2021 opinions

February 17, 2021

Unpublished U.S. v. Stewart, 19-11249, appeal from N.D. Tex. per curiam (Haynes, Higginson, Oldham), criminal, venue Affirming that N.D. Tex. was an appropriate venue for trying count of failure to register as a sex offender under SORNA. Garcia-Perez v. Wilkinson, 19-60718, petition for review of BIA order per curiam (Wiener, Southwick, Duncan), immigration Denying Guatemalan … More Take the Fifth: Feb. 15, 2021 opinions

Take the Fifth: Feb. 11 and 12, 2021 opinion

February 15, 2021

Designated for publication DM Arbor Court, Ltd. v. City of Houston, 20-20194, appeal from S.D. Tex. Costa, J. (Davis, Southwick, Costa), ripeness Vacating district court’s dismissal of suit on ripeness grounds, and remanding for further proceedings. Plaintiff had brought suit challenging the refusal by the City to grant permits for repairs to apartments that had … More Take the Fifth: Feb. 11 and 12, 2021 opinion

Take the Fifth: Feb. 10 and 11, 2021 opinions

February 12, 2021

Designated for publication Adams v. All Coast, LLC, 19-30907, appeal from W.D. La. Clement, J. (Smith, Clement, Oldham), Fair Labor Standards Act, maritime law Reversing summary judgment in favor of employer on employees’ FLSA overtime claims, on holding that district court erred in classifying the employees, who operated cranes on employer’s liftboats, a seamen who … More Take the Fifth: Feb. 10 and 11, 2021 opinions