Take the Fifth: Feb. 17, 2021 opinions

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 motion for new trial upon judgment in favor of plaintiff on claims for negligence arising from being struck by man-lift outside casino, but vacating $1 million damages award for future pain and suffering and disfigurement to be excessive and remanding for further proceedings. Petition for panel rehearing and for rehearing en banc was denied.

Unpublished

  • Alamin v. Wilkinson, 19-60537, petition for review of BIA order
    • per curiam (Haynes, Willett, Ho), immigration
    • Denying Bangladeshi citizen’s petition for review of BIA dismissal of his appeal from an IJ order denying asylum, withholding of removal, and protection under CAT.
  • Starnes v. Nash, 19-60761, appeal from S.D. Miss.
    • per curiam (Haynes, Willett, Ho), habeas corpus
    • Affirming dismissal of § 2241 petition.
  • U.S. v. Collins, 20-10489, appeal from N.D. Tex.
    • per curiam (Haynes, Willett, Ho), criminal, prosecutorial misconduct
    • Affirming conviction by a jury of attempted enticement of a minor and attempted transfer of obscene material to a minor, rejecting arguments regarding improper comments by judge and prosecutor.
  • U.S. v. Pringle, 20-10774, appeal from N.D. Tex.
    • per curiam (Higginbotham, Smith, Oldham), criminal, compassionate release
    • Dismissing as frivolous appeal from denial of motion for compassionate release.
  • U.S. v. De La Cruz, 20-20177, appeal from S.D. Tex.
    • per curiam (Haynes, Willett, Ho), criminal, sentencing
    • Affirming sentence of 46 months of imprisonment and three years of supervised release on guilty plea conviction to illegal reentry after a felony conviction.
  • U.S. v. Pena-Martinez, 20-40074, appeal from S.D. Tex.
    • per curiam (King, Southwick, Ho), criminal
    • Granting Anders motion to withdraw and dismissing appeal.
  • U.S. v. Singh, 20-40074, appeal from E.D. Tex.
    • per curiam (Wiener, Southwick, Duncan), criminal, restitution
    • Affirming denial of writ of coram nobis challenging restitution award.
  • Villegas v. Abrogast, 20-50242, appeal from W.D. Tex.
    • per curiam (Davis, Southwick, Costa), qualified immunity
    • Affirming district court’s denial of motion to dismiss claims on qualified immunity grounds of defendant police officer’s violation of constitutional rights by allegedly framing plaintiff for double murder.
  • Jeanmarie v. Rettig, 20-50334, appeal from W.D. Tex.
    • per curiam (King, Smith, Wilson), tax, employment
    • Affirming dismissal for failure to state a claim, of plaintiff’s claims arising from taxation of pension benefits, termination of employment by shipyard, suspension of hiring by Postal Service, and tax liability from various prior tax years.
  • U.S. v. Castillo, 20-50791, appeal from W.D. Tex.
    • per curiam (Jolly, Elrod, Graves), criminal, sentencing
    • Granting summary affirmance of sentence of 18 months of imprisonment and three years of supervised release imposed following his guilty plea conviction for illegal reentry after removal from the United States.