January 26, 2022, opinions

Posted on by tadbartlett

Unpublished

  • U.S. v. Viator, 20-11235, appeal from N.D. Tex.
    • per curiam (Higginbotham, Higginson, Duncan), criminal, compassionate release
    • Afirming district court’s denial of motion for compassionate release.
  • Small v. Zarvona Energy, L.L.C., 20-20316, appeal from S.D. Tex.
    • per curiam (Smith, Stewart, Graves), prisoner suit
    • Affirming dismissal of former prisoner’s § 1983 suit for lack of subject matter jurisdiction.
  • Canada Hockey, L.L.C. v. Marquardt, 20-20530, appeal from S.D. Tex.
    • Graves, J. (Owen, Smith, Graves), qualified immunity
    • Upon denial of petition for panel rehearing, withdrawing September 8, 2021 opinion that had affirmed denial of summary judgment on qualified immunity as to state university employee on claims of copyright infringement, and substituting new opinion that dismisses appeal for lack of appellate jurisdiction, on basis the denial of qualified immunity had been as to the existence of genuine factual issues–a basis for qualified immunity summary judgment denial over which there is no interlocutory appellate jurisdiction.
  • U.S. v. Garcia-Cortez, 20-50713, appeal from W.D. Tex.
    • per curiam (Southwick, Oldham, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Singh v. Garland, 20-60830, petition for review of BIA order
    • per curiam (Smith, Stewart, Graves), immigration
    • Denying in part and dismissing in part Indian citizen’s petition for review of BIA order denying his motion to reopen the in absentia deportation proceedings.
  • Zamora-Flores v. Garland, 20-61058, petition for review of BIA order
    • per curiam (Wiener, Dennis, Haynes), immigration
    • Denying Nicaraguan citizen’s petition for review of BIA order adopting and affirming the Immigration Judge’s (IJ) order denying Zamora-Flores’s application for asylum, withholding of removal, and protection under the CAT.
  • U.S. v. Bonilla, 21-10398, appeal from N.D. Tex.
    • per curiam (Southwick, Oldham, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Barfield, 21-10774, appeal from N.D. Tex.
    • per curiam (Southwick, Oldham, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Al-Omar v. EXCO Services, Inc., 21-20353, appeal from S.D. Tex.
    • per curiam (Southwick, Oldham, Wilson), bankruptcy
    • Dismissing for lack of jurisdiction an appeal from the dismissal by the district court of a bankruptcy appeal for failure to file an appeal brief.
  • U.S. v. Villalobos-Alvarez, 21-20412, appeal from S.D. Tex.
    • per curiam (Southwick, Oldham, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Royall v. Enterprise Products Co., 21-40119, appeal from S.D. Tex.
    • per curiam (Owen, Smith, Elrod), employment discrimination, Family and Medical Leave Act
    • Affirming district court’s summary judgment dismissal of plaintiff’s FMLA retaliation claim against former employer for failure to demonstrate that employer’s stated reason for termination was pretextual.
  • U.S. v. Gonzalez-Hernandez, 21-40180, appeal from S.D. Tex.
    • per curiam (Wiener, Dennis, Haynes), criminal, sentencing
    • Vacating sentencing condition of timing of reporting to Bureau of Prisons, and remanding to conform to oral pronouncement.
  • U.S. v. Martinez-Villatoro, 21-40342, appeal from S.D. Tex.
    • per curiam (Southwick, Oldham, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Aggie Investments, L.L.C. v. Continental Casualty Co., 21-40382, appeal from E.D. Tex.
    • per curiam (Stewart, Haynes, Graves), insurance
    • Denying petition for panel rehearing, but withdrawing January 6, 2022, opinion and substituting with new opinion that likewise affirmed dismissal of business’s claims against its insurer for business interruption losses due to government shutdown during pandemic.
  • U.S. v. Zirate-Urenda, 21-40413, appeal from S.D. Tex.
    • per curiam (Southwick, Oldham, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Rogers, 21-40462, appeal from E.D. Tex.
    • per curiam (Southwick, Oldham, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Woods, 21-50027, appeal from W.D. Tex.
    • per curiam (Southwick, Oldham, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Cruz-Mora, 21-50556, c/w 21-50557, appeal from W.D. Tex.
    • per curiam (Smith, Stewart, Graves), criminal
    • Granting summary affirmance of conviction and sentence for illegal reentry and for revocation of supervised release.
  • U.S. v. Salas-Sanchez, 21-50600, appeal from W.D. Tex.
    • per curiam (Wiener, Dennis, Haynes), criminal
    • Affirming conviction and sentence for illegal reentry.
  • U.S. v. Rodriguez-Navarette, 21-50762, appeal from W.D. Tex.
    • per curiam (Wiener, Dennis, Haynes), criminal
    • Granting summary affirmance of conviction and sentence for illegal reentry.