Designated for publication
- U.S. v. Norbert, 20-60106, appeal from S.D. Miss.
- per curiam (Owen, Jones, Smith, Stewart, Dennis, Elrod, Southwick, Haynes, Graves, Higginson, Costa, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson), en banc, criminal, search and seizure
- Vacating March 16 panel opinion (Davis, J., joined by Stewart, J.; Oldham, J., dissenting), which had affirmed the district court’s ruling preceding trial on one count of defendant being a felon in possession of a firearm that the arresting officers did not have reasonable suspicion to stop the defendant and search his car and granting defendant’s motion to suppress the gun they found in their search of his car and defendant’s statements to the arresting officers; ordering en banc rehearing.
Unpublished
- Ruiz v. Louisiana, 19-30416, appeal from E.D. La.
- per curiam (Clement, Haynes, Wilson), prisoner suit, sovereign immunity
- Affirming in part, affirming dismissal of prisoner’s § 1983 action against the state and against the governor in his official capacity, for claims arising from enforcement of sex offender registry law; vacating in part, vacating denial of motion to amend to add other state officials; and remanding for further proceedings.
- U.S. v. Viveros, 20-10215, appeal from N.D. Tex.
- per curiam (Jones, Clement, Haynes), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- U.S. v. Vernon, 20-10631, appeal from N.D. Tex.
- per curiam (Jones, Clement, Haynes), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- U.S. v. Blanchard, 20-10875, appeal from N.D. Tex.
- per curiam (Jones, Clement, Haynes), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- U.S. v. Mendoza, 20-11237, appeal from N.D. Tex.
- per curiam (Jones, Clement, Haynes), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- Nyabwa v. U.S. Department of Defense, 20-20075, appeal from S.D. Tex.
- per curiam (Higginbotham, Smith, Oldham), Federal Tort Claims Act, Bivens claim
- Affirming district court’s dismissal of plaintiff’s FTCA and Bivens claims.
- Wilhite v. Harvey, 20-20181, appeal from S.D. Tex.
- per curiam (Clement, Haynes, Wilson), § 1983
- Affirming dismissal of plaintiff’s § 1983 claims against state officials arising from revocation of licenses to run a child-care facility, for failure to state a claim.
- Hardaway v. Select Portfolio Servicing Inc., 20-20224, appeal from S.D. Tex.
- per curiam (Higginbotham, Smith, Oldham), foreclosure
- Dismissing as frivolous plaintiff’s appeal from dismissal of claims arising from foreclosure.
- Patrick v. Walmart, Inc., 20-30403, appeal from W.D. La.
- per curiam (Higginbotham, Costa, Oldham), employment discrimination
- Affirming dismissal of white supervisor’s claim of racial and sexual discrimination when she was terminated for using the n-word.
- U.S. v. Penaloza-Parra, 20-40134, appeal from S.D. Tex.
- per curiam (Jones, Clement, Costa), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- U.S. v. Jackson, 20-40500, appeal from E.D. Tex.
- per curiam (Higginbotham, Southwick, Engelhardt), criminal, sentencing
- Dismissing as frivolous appeal from denial of motion to “correct” sentence.
- Arruda v. Curves International, Inc., 20-50734, appeal from W.D. Tex.
- per curiam (Jones, Southwick, Costa), RICO
- Affirming 12(b)(6) dismissal of RICO claims brought by franchisees against franchisor on alleged predicate act of wire and mail fraud for concealing information from franchisees.
- U.S. v. Vazquez-Ovalle, 20-50924, appeal from W.D. Tex.
- per curiam (Clement, Higginson, Engelhardt), criminal
- Granting summary affirmance of conviction for illegal reentry after removal.
- Rodriguez v. Garland, 20-60907, petition for review of BIA order
- per curiam (Haynes, Ho, Wilson), immigration
- Denying Honduran citizen’s petition for review of BIA order dismissing her appeal from the denial of her application for asylum and withholding of removal based on her membership in a particular social group.
Take the Fifth 