Take the Fifth: Feb. 4, 2021 opinions

Unpublished

  • U.S. v. Higgins, 19-10885, appeal from N.D. Tex.
    • per curiam (Higginbotham, Jones, Costa), criminal, sentencing, supervised release
    • Affirming special conditions as part of supervised release sentence the district court’s order to participate in treatment for substance dependency, to contribute to the cost of that treatment, and to abstain from the use of alcohol and all other intoxicants during and after treatment.
  • Lempar v. Livingston, 19-20243, appeal from S.D. Tex.
    • per curiam (Clement, Higginson, Engelhardt), prisoner suit
    • Affirming summary judgment dismissal of plaintiff’s claims against prison staff regarding treatment of medical conditions.
  • U.S. v. Scott, 19-20788, appeal from S.D. Tex.
    • per curiam (Wiener, Southwick, Duncan), criminal, sentencing
    • Affirming 24-month sentence of imprisonment imposed upon the revocation of his supervised release.
  • U.S. v. Munoz, 19-31010, appeal from W.D. La.
    • per curiam (Dennis, Southwick, Engelhardt), habeas corpus
    • Denying COA to appeal from denial of § 2255 petition to challenge 165-month sentence for possession of methamphetamine with intent to distribute.
  • Shelter Mutual Insurance Co. v. Double J Timber Co., 19-60421, appeal from N.D. Miss.
    • per curiam (Stewart, Higginson, Wilson), insurance
    • Affirming district court’s grant of declaratory judgment as to lack of coverage, finding the subject policy’s “Employee Exclusion” provision precluded coverage.
  • U.S. v. Kingrasaphone, 20-10635, appeal from N.D. Tex.
    • per curiam (Wiener, Southwick, Duncan), criminal, sentencing
    • Granting summary affirmance of 210-month sentence imposed following guilty plea conviction for conspiracy to possess with intent to distribute methamphetamine.
  • Moore v. Centralized Management Services, LLC, 20-30332, appeal from E.D. La.
    • per curiam (Stewart, Higginson, Wilson), employment discrimination, Americans with Disabilities Act
    • Affirming summary judgment dismissal of ADA claims against employer.
  • Mississippi Silicon Holdings, LLC v. Axis Insurance Co., 20-60215, appeal from N.D. Miss.
    • per curiam (Wiener, Costa, Willett), insurance
    • Affirming summary judgment dismissal of insured’s claims against insurer, finding plaintiff is not entitled to coverage under the Computer Transfer Fraud provision of an insurance policy.