Designated for publication
- Johnson v. BOKF National Association, 18-11375, appeal from N.D. Tex.
- Dennis, J. (Higginbotham, Dennis, Ho), Ho, J., concurring in judgment only; banking law
- Affirming district court’s dismissal of putative class action against bank alleging that extended overdraft charges were usurious interest under the National Bank Act, for failure to state a claim.
- The Court held that it owed Chevron deference to the Office of the Comptroller of Currency’s 2007 Interpretive Letter 1082, which found that overdraft fees imposed by a bank for covering drafts from its own customers’ deposit accounts for which there were insufficient funds were not “interest,” but instead were “recognized as elements of the discretionary deposit account services that banks provide.”
Unpublished
- Spicer v. Cain, 18-60791, appeal from S.D. Miss.
- King, J. (King, Dennis, Ho), Dennis, J., concurring in judgment only; habeas corpus, ineffective assistance of counsel
- Affirming district court’s denial of habeas relief on finding that petitioner failed to establish the prejudice prong of Strickland v. Washington for purposes of his ineffective assistance of counsel claim.
- Dao v. Upton, 19-11130, appeal from N.D. Tex.
- per curiam (Smith, Stewart, Graves), Bivens claim
- Affirming district court’s dismissal of Bivens claims.
- U.S. v. Poff, 20-20490, appeal from S.D. Tex.
- per curiam (Higginbotham, Higginson, Duncan), criminal, compassionate release
- Affirming denial of motion for compassionate release.
- Schwarzer v. Shanklin, 20-40083, appeal from E.D. Tex.
- per curiam (Davis, Jones, Elrod), prisoner suit
- Affirming dismissal of prisoner’s § 1983 claims.
- U.S. v. Juarez, 20-40877, appeal from S.D. Tex.
- per curiam (Davis, Jones, Elrod), criminal, sentencing
- Affirming sentence imposed on conviction for importing 500 grams or more of methamphetamine.
- U.S. v. Rockhold, 20-50595, appeal from W.D. Tex.
- per curiam (Smith, Stewart, Graves), criminal, sentencing
- Affirming 210-month sentence on conviction for conspiracy to possess with intent to distribute 50 grams or more of actual methamphetamine.
- U.S. v. Powell, 21-20060, appeal from S.D. Tex.
- per curiam (Smith, Stewart, Graves), criminal, sentencing
- Affirming 24-month sentence on revocation of supervised release.
- Davis v. McConnell, 21-30091, appeal from W.D. La.
- per curiam (Jones, Elrod, Higginson), habeas corpus
- Affirming denial of § 2241 petition for failure to exhaust administrative remedies.
- U.S. v. Rangel-Reyes, 21-40246, appeal from S.D. Tex.
- per curiam (Wiener, Dennis, Haynes), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- U.S. v. Penilla-Cervantes, 21-40254, appeal from E.D. Tex.
- per curiam (Higginbotham, Higginson, Duncan), criminal, sentencing
- Affirming 120-month sentence on conviction for illegal reentry.
- Webster v. Kijakazi, 21-50455, appeal from W.D. Tex.
- per curiam (Smith, Stewart, Graves), social security
- Affirming denial of disability benefits.
- Herbert v. CitiMortgage, Inc., 21-60079, appeal from S.D. Miss.
- per curiam (Smith, Stewart, Graves), foreclosure, breach of contract
- Affirming district court’s dismissal of breach of contract claims arising from settlement agreement to resolve claims arising from foreclosure.
- U.S. v. Beck, 21-60296, appeal from S.D. Miss.
- per curiam (Davis, Jones, Elrod), criminal, sentencing
- Dismissing appeal of 15-month sentence on conviction of possession of a firearm by a felon, on basis of appeal-waiver.
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