Take the Fifth: Feb. 5, 2021 opinions

Unpublished

  • U.S. v. Taylor, 19-10261, appeal from N.D. Tex.
    • Higginson, J. (Stewart, Higginson, Wilson), criminal, sentencing
    • Affirming above-guidelines sentence following guilty plea to one count of attempted bank robbery and one count of using, carrying, brandishing, and discharging a firearm during and in relation to a crime of violence.
  • U.S. v. Valdez, 19-11158, appeal from N.D. Tex.
    • per curiam (Clement, Higginson, Engelhardt), criminal, sentencing, First Step Act
    • Affirming denial of motion for sentence reduction.
  • Hester v. Ituah, 19-20175, appeal from S.D. Tex.
    • per curiam (Jolly, Elrod, Graves), prisoner suit
    • Affirming dismissal of prisoner’s suit against prison kitchen second shift supervisor at the Darrington Unit, for gross negligence and willful intent to include pork in his meal without notification in violation of his First and Eighth Amendment rights as a Muslim.
  • Tarpley v. McClain, 19-20259, appeal from S.D. Tex.
    • per curiam (Clement, Higginson, Engelhardt), § 1983, qualified immunity
    • Affirming dismissal on qualified immunity and absolute immunity grounds of § 1983 claims against social workers arising from hospitalizations for substance abuse issues and opening of investigation regarding welfare of the children.
  • Staden v. Poret, 19-30628, appeal from M.D. La.
    • per curiam (Clement, Higginson, Engelhardt), habeas corpus
    • Vacating district court’s dismissal of § 2254 petition on timeliness grounds, on basis of tolling of limitation period between time of filing petition and filing corrected petition, and remanding for further proceedings.
  • U.S. v. Andrade, 19-50660, appeal from W.D. Tex.
    • per curiam (Higginbotham, Jones, Costa), criminal, sentencing
    • Affirming sentence of 120 months’ imprisonment following guilty plea to a charge of possession of a firearm by a felon.
  • U.S. v. Alvarez, 19-51117, appeal from W.D. Tex.
    • per curiam (Clement, Higginson, Engelhardt), criminal, sentencing, guilty plea
    • Affirming guilty plea conviction and sentence for one count of transporting illegal aliens for financial gain.
  • U.S. v. Phillips, 20-10222, appeal from N.D. Tex.
    • Southwick, J. (Barksdale, Southwick, Graves), criminal, sentencing
    • Affirming below-guidelines sentence. on guilty plea to conspiracy to possess with intent to distribute a controlled substance.
  • Cledera v. U.S., 20-10914, appeal from N.D. Tex.
    • per curiam (Jolly, Elrod, Graves), prisoner suit
    • Affirming dismissal of claims against thirty defendants for alleged violations of the Texas Penal Code and other constitutional and statutory provisions, for failure to state a claim.
  • U.S. v. Hewitt, 20-50297, appeal from W.D. Tex.
    • per curiam (Clement, Higginson, Engelhardt), criminal, sentencing, First Step Act
    • Affirming district court’s denial of motion for sentence reduction.
  • Johnson v. Novartis Pharmaceuticals Corp., 20-50462, appeal from W.D. Tex.
    • Davis, J. (Davis, Southwick, Costa), products liability, preemption
    • Affirming district court’s dismissal of plaintiff’s products liability claims against pharmaceutical companies on basis of federal preemption and court precedent.
  • U.S. v. Quintanilla, 20-50546, appeal from W.D. Tex.
    • per curiam (Smith, Stewart, Higginson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.