July 22, 2021 opinions

Posted on by tadbartlett

Unpublished

  • Bowling v. Willis, 19-40914, appeal from E.D. Tex.
    • per curiam (Jones, Barksdale, Stewart), vexatious litigant
    • Dismissing appeal in part, and affirming in part, district court’s declaration of plaintiff as a vexatious litigant and issuance of a pre-filing injunction requiring court approval prior to any filings.
  • U.S. v. Herrera, 20-10720, appeal from N.D. Tex.
    • per curiam (Davis, Jones, Elrod), criminal, First Step Act
    • Affirming denial of motion for home confinement under the First Step Act.
  • U.S. v. Frelix, 20-11148, appeal from N.D. Tex.
    • per curiam (Davis, Jones, Elrod), criminal
    • Granting summary affirmance of conviction for possession of a firearm by a felon.
  • U.S. v. Arres-Gonzalez, 20-20096, appeal from S.D. Tex.
    • per curiam (Jolly, Willett, Engelhardt), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Dixon v. Bank, 20-30299, appeal from E.D. La.
    • per curiam (King, Ho, Duncan), foreclosure
    • Affirming district court’s dismissal of plaintiff’s claims against various mortgage and bank-related entities.
  • U.S. v. Richardson, 20-30472, appeal from W.D. La.
    • per curiam (Higginbotham, Jones, Costa), criminal
    • Affirming conviction on 15 counts of acquiring controlled substances by misrepresentation, fraud, forgery, deception, or subterfuge.
  • Smith v. Woods, 20-30480, appeal from E.D. La.
    • per curiam (Higginbotham, Jones, Costa), subject-matter jurisdiction
    • Affirming district court’s dismissal of plaintiff’s federal claims for lack of subject matter jurisdiction under the Rooker-Feldman doctrine and declination of supplemental jurisdiction over plaintiff’s remaining state law claims.
  • U.S. v. Mendez-Hernandez, 20-40356, appeal from S.D. Tex.
    • per curiam (Jones, Clement, Haynes), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Martin, 20-40402, appeal from E.D. Tex.
    • per curiam (King, Ho, Duncan), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Venglar v. Kijakazi, 20-40804, appeal from S.D. Tex.
    • per curiam (King, Costa, Ho), social security
    • Affirming denial of benefits.
  • King v. U.S. Bank, N.A., 20-40858, appeal from E.D. Tex.
    • per curiam (Jolly, Elrod, Graves), foreclosure
    • Affirming dismissal of plaintiff’s claims arising from mortgage default.
  • U.S. v. Castillo, 20-50807, appeal from W.D. Tex.
    • per curiam (Barksdale, Willett, Duncan), criminal, sentencing
    • Affirming 120-month sentence on conviction for possession, with intent to distribute, 50 grams or more of actual methamphetamine.
  • Juarez-Mendoza v. Garland, 20-60956, petition for review of BIA order
    • per curiam (Davis, Jones, Elrod), immigration
    • Denying Guatemalan citizens’ petition for review of BIA order dismissing their appeal of the denial by the Immigration Judge (IJ) of their application for asylum, withholding of removal, and protection under the Convention Against Torture.
  • U.S. v. Lewis, 21-10007, appeal from N.D. Tex.
    • per curiam (King, Costa, Ho), criminal, compassionate release
    • Remanding appeal of denial of motion for compassionate release to district court for the limited purpose of determining whether there is excusable neglect or good cause to warrant an extension of time.
  • Reynolds v. City of Commerce, 21-10144, appeal from N.D. Tex.
    • per curiam (King, Ho, Duncan), taking
    • Affirming dismissal for failure to state a claim, plaintiff’s suit arising from condemnation of buildings on his property.
  • U.S. v. Love, 21-60049, appeal from S.D. Miss.
    • per curiam (Jones, Barksdale, Stewart), criminal, compassionate release
    • Affirming denial of motion for compassionate release.