September 30, 2021 opinions

Posted on by tadbartlett

Designated for publication

  • Adams v. All Coast, L.L.C., 19-30907, appeal from W.D. La.
    • per curiam (Smith, Clement, Oldham), Fair Labor Standards Act, maritime law
    • Denying petition for en banc rehearing (Judges Jones and Elrod voting for rehearing; Chief Judge Owen and Judges Smith, Stewart, Dennis, Southwick, Haynes, Graves, Higginson, Costa, Willett, Ho, Duncan, Engelhardt, Oldham, and Wilson voting against); withdrawing prior panel opinion from February 11, 2021, and substituting new panel opinion.
    • New opinion is still authored by Judge Clement, and still reverses summary judgment in favor of employer on employees’ FLSA overtime claims, on holding that district court erred in classifying the employees, who operated cranes on employer’s liftboats, as seamen who would therefore be exempt from the FLSA’s overtime provisions; remanding for further proceedings.

Unpublished

  • Cano-Meza v. Garland, 19-60910, petition for review of BIA order
    • per curiam (Higginbotham, Jones, Costa), immigration
    • Denying in part and dismissing in part Honduran citizen’s petition for review of BIA order denying motions to remand and rescind from an IJ order denying a motion to reopen.
  • U.S. v. Johnson, 20-20427, c/w 20-20452, appeals from S.D. Tex.
    • per curiam (Davis, Jones, Elrod), criminal, compassionate release
    • Affirming denial of motion for compassionate release.
  • U.S. v. Robert, 20-61084, appeal from S.D. Miss.
    • per curiam (Barksdale, Willet, Duncan), criminal, sufficiency of evidence
    • Affirming convictions for conspiring to possess, with intent to distribute, 500 grams or more of a mixture or substance containing cocaine hydrochloride; aiding and abetting possession, with intent to distribute, 500 grams or more of a mixture or substance containing cocaine hydrochloride; conspiring to possess, with intent to distribute, five kilograms or more of a mixture or substance containing cocaine hydrochloride; and aiding and abetting attempted possession, with intent to distribute, five kilograms or more of a mixture or substance containing cocaine hydrochloride.
  • U.S. v. Mendez, 21-10128, appeal from N.D. Tex.
    • per curiam (King, Costa, Ho), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Frost, 21-10216, appeal from N.D. Tex.
    • per curiam (Davis, Jones, Elrod), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Hernandez-Cuellar, 21-40051, appeal from E.D. Tex.
    • per curiam (King, Costa, Ho), habeas corpus
    • Dismissing as frivolous appeal from district court’s denial of motion for copies of transcripts and other court records for use in a possible § 2255 petition.
  • U.S. v. De Leon-Hernandez, 21-40114, appeal from S.D. Tex.
    • per curiam (Smith, Stewart, Graves), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Baylon-Carrillo, 21-50115, c/w 21-50116, appeals from W.D. Tex.
    • per curiam (Wiener, Dennis, Haynes), criminal, sentencing
    • Granting summary affirmance of sentence on conviction for illegal reentry.
  • Lopez v. Bergami, 21-50214, appeal from W.D. Tex.
    • per curiam (Jolly, Willett, Ho), habeas corpus
    • Affirming denial of § 2241 petition seeking home confinement under the CARES Act.