Unpublished
- U.S. v. Medina, 18-10266, appeal from N.D. Tex.
- per curiam (Higginbotham, Jones, Costa), criminal, sentencing
- Affirming 360-month sentence and supervised release on guilty plea conviction to conspiracy to possess with intent to distribute a controlled substance.
- Leal v. Magic Touch Up, Inc., 19-10467, appeal from N.D. Tex.
- Owen, C.J. (Owen, Southwick, Oldham), Fair Labor Standards Act
- Affirming district court’s denial of judgment as a matter of law and denial of motion for new trial after jury verdict that defendant did not fail to pay plaintiff overtime under the FLSA.
- U.S. v. Williams, 19-11337, appeal from N.D. Tex.
- per curiam (Higginbotham, Jones, Costa), criminal, First Step Act
- Affirming denial of motion for sentence reduction under the First Step Act.
- Bennett v. McDermott Int’l, Inc., 19-30763, appeal from W.D. La.
- per curiam (Wiener, Costa, Willett), Fair Labor Standards Act
- Affirming in part and vacating and remanding in part dismissal of FLSA and Louisiana Wage Payment Act claims regarding lack of compensation for mandatory commuting time, affirming the dismissal of the LWPA claims with prejudice, but vacating the dismissal with prejudice of the FLSA claims and remanding with instructions to dismiss without prejudice.
- Skinner v. Collier, 19-40882, appeal from E.D. Tex.
- per curiam (Higginbotham, Jones, Costa), prisoner suit
- Affirming in part denial of plaintiff’s motions for preliminary injunction and TRO and dismissing the appeal in part for lack of jurisdiction.
- U.S. v. Belucia-Guiterrez, 19-50960, appeal from W.D. Tex.
- per curiam (Davis, Elrod, Oldham), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- Caliz v. Wilkinson, 19-60783, petition for review of BIA order
- per curiam (Higginbotham, Jones, Costa), immigration
- Denying in part and dismissing in part Belizian citizen’s petition for review of BIA order dismissing his appeal of an Immigration Judge’s (IJ) denial of asylum, withholding of removal, and protection under the CAT.
- U.S. v. Bibbs, 20-10247, appeal from N.D. Tex.
- per curiam (King, Southwick, Ho), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- U.S. v. Amaya-Martinez, 20-10550, appeal from N.D. Tex.
- per curiam (Higginbotham, Jones, Costa), criminal, sentencing
- Affirming 168-month sentence on guilty plea conviction to conspiracy to possess with intent to distribute methamphetamine.
- U.S. v. Moore, 20-10558, appeal from N.D. Tex.
- per curiam (Jones, Barksdale, Stewart), criminal, sentencing
- Dismissing appeal of 168-month sentence on guilty plea to conspiracy to possess, with intent to distribute, a mixture and substance containing a detectable amount of methamphetamine.
- U.S. v. Cortinez, 20-10591, appeal from N.D. Tex.
- per curiam (Davis, Elrod, Oldham), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- U.S. v. Jolly, 20-10698, appeal from N.D. Tex.
- per curiam (Higginbotham, Jones, Costa), criminal, First Step Act
- Affirming denial of motion for sentence reduction under the First Step Act.
- U.S. v. Blackmon, 20-10755, appeal from N.D. Tex.
- per curiam (Higginbotham, Jones, Costa), criminal, sentencing
- Affirming 46-month sentence on guilty plea to two counts of possession of a firearm by a convicted felon.
- Dusenbery v. U.S., 20-20045, appeal from S.D. Tex.
- per curiam (Jones, Costa, Wilson), prisoner suit
- Dismissing as frivolous appeal of dismissal of prisoner’s § 1983 suit.
- U.S. v. Bates, 20-30293, appeal from E.D. La.
- per curiam (Higginbotham, Jones, Costa), criminal, First Step Act
- Affirming denial of motion for sentence reduction under the First Step Act.
- Williams v. Marietta, 20-30549, appeal from W.D. La.
- per curiam (Higginbotham, Jones, Costa), Family Medical Leave Act
- Affirming district court’s summary judgment dismissal of plaintiff’s FMLA retaliation claim.
- U.S. v. Diaz, 20-40339, appeal from S.D. Tex.
- per curiam (Higginbotham, Jones, Costa), criminal, sufficiency of evidence
- Affirming conviction for conspiring to possess with intent to distribute 100 kilograms or more of marijuana.
- U.S. v. Pardo-Oseguera, 20-40517, appeal from E.D. Tex.
- per curiam (Higginbotham, Jones, Costa), criminal, sentencing
- Affirming 135-month sentence on guilty plea conviction to conspiracy to possess with the intent to manufacture and distribute methamphetamine.
- Youboty v. NFL Player Disability, 20-40613, appeal from S.D. Tex.
- per curiam (Higginbotham, Jones, Costa), ERISA
- Affirming district court’s judgment that a benefits review board properly exercised its discretionary authority to interpret a benefit plan.
- U.S. v. Smith, 20-40618, appeal from E.D. Tex.
- per curiam (King, Southwick, Ho), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- U.S. v. Stevens, 20-50478, appeal from W.D. Tex.
- per curiam (Higginbotham, Jones, Costa), criminal, sentencing
- Affirming 200-month sentence on guilty plea conviction to possessing child pornography, including images of children under the age of 12.
- U.S. v. Campos, 20-50573, appeal from W.D. Tex.
- per curiam (Higginbotham, Jones, Costa), criminal, sentencing
- Granting summary affirmance of conviction and sentence for conspiracy to possess with intent to distribute 50 grams or more of methamphetamine and one count of possession of a firearm in furtherance of a drug trafficking offense.
- U.S. v. Guillen-Morales, 20-50749, appeal from W.D. Tex.
- per curiam (Higginbotham, Jones, Costa), criminal, sentencing
- Granting summary affirmance of 37-month sentence on guilty plea to illegal reentry after removal.
- U.S. v. Almanza-Figueroa, 20-50776, appeal from W.D. Tex.
- per curiam (Jones, Clement, Haynes), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- U.S. v. Baena-Olivares, 20-50842, appeal from W.D. Tex.
- per curiam (King, Southwick, Ho), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- Vigne v. Ohio Security Insurance Co., 20-61009, appeal from S.D. Miss.
- per curiam (Higginbotham, Jones, Costa), insurance
- Affirming district court judgment in favor insurance company.
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