March 19-31, 2022, opinions

Posted on by tadbartlett

(Note: While normally Take the Fifth provides more detailed summaries for opinions designated for publication and only basic disposition notes and links for unpublished opinions, because this is a catch-up post after two weeks of being away from the blog, we are just providing the links and basic disposition notes for both published and unpublished opinions for March 19-31, 2022)

Designated for publication

  • U.S. v. Singletary, 20-10977, appeal from N.D. Tex.
    • Duncan, J. (Higginbotham, Willett, Duncan), criminal, sentencing
    • Affirming 108-month sentence on conviction of conspiring to possess firearms in furtherance of drug trafficking.
  • U.S. v. Jackson, 20-11169, appeal from N.D. Tex.
    • Costa, J. (Smith, Costa, Wilson), criminal, sentencing, Armed Career Criminal Act
    • Affirming sentence on conviction of being a felon in possession of a firearm, holding that it did not violate due process to treat prior Texas aggravated robbery conviction and two Texas burglary-of-a-habitation convictions as the violent felonies compelling the enhanced sentence under the ACCA.
  • Vitol, Inc. v. U.S., 20-20237, appeal from S.D. Tex.
    • Willett, J. (King, Elrod, Willett), Elrod, J., dissenting; tax law
    • Affirming denial of partial summary judgment regarding whether plaintiff was entitled to $8.8 million tax refund on basis that butane is an LPG and therefore an “alternative fuel” that can be mixed with a “taxable fuel” to qualify for the tax credit under 26 U.S.C. § 6426(e). The Court held, “The term LPG, however, as used in § 6426(d)(2)’s definition of alternative fuel, fits within a broader statutory scheme that precludes any taxable fuel from also qualifying as an alternative fuel. And butane is a taxable fuel under that same statutory scheme. Text cannot be divorced from context, and statutory meaning is not always common meaning.”
    • Judge Elrod dissented: “This case comes down to ordinary meaning. The government starts with the deck stacked against it, as it concedes that if ordinary meaning controls, it loses. To win, then, the government has to show that Congress meant for a term to mean something other than what everyone reading it thinks it means. That task would be easy if the statute defined the term to mean something else, but here it does not. So the government is left to argue that it is ‘apparent’ that the ‘statutory context’ gives the term some other meaning. The government draws a complicated line of logical inferences to make that argument. But at the end of the day, it makes more sense that Congress meant what it said when it used a term that its primary audience would readily understand.”
  • Magnolia Island Plantation, L.L.C. v. Whittington, 20-30805, appeal from W.D. La.
    • Jolly, J. (Jolly, Higginson, Engelhardt), qualified immunity
    • Reversing in part and affirming in part, reversing district court’s denial of federal and state qualified immunity on claim that sheriff’s improper management of the sheriff’s sale of property in which the plaintiff claimed an interest violated her protected rights, but affirming denial of discretionary immunity under Louisiana law.
  • U.S. v. Mesquias, 20-40869, appeal from S.D. Tex.
    • Costa, J. (Jones, Haynes, Costa), criminal, sentencing, sufficiency of evidence
    • Affirming 15- and 20-year sentences on defendants’ convictions of six counts of health care fraud and one count each of conspiracy to commit health care fraud, conspiracy to launder money, and conspiracy to obstruct justice; and one defendant on a count of conspiracy to pay kickbacks.
  • Mansfield v. Williamson County, 20-50331, appeal from W.D. Tex.
    • Higginbotham, J. (Higginbotham, Costa, Oldham), sec. 1983
    • Affirming summary judgment dismissing plaintiff’s sec. 1983 claims alleging that county prosecutors denied him due process secured by the Fourteenth Amendment by lying to his counsel during plea negotiations, misconduct assertedly caused by the County’s “closed-file” policy.
  • Arnone v. Dallas County, 21-10597, appeal from N.D. Tex.
    • Willett, J. (Jolly, Willett, Oldham), sec. 1983
    • Affirming dismissal of sec. 1983 claim against County, because it was not liable for the actions of the District Attorney in using inadmissible polygraph tests to imprison plaintiff for revocation of parole.
  • Trafigura Trading, LLC v. U.S., 21-20127, appeal from S.D. Tex.
    • Ho, J. (Wiener, Graves, Ho), Graves, J., dissenting; tax law
    • Affirming district court’s summary judgment in favor of taxpayer, holding that 26 U.S.C. 4611(b) is an unconstitutional export tax. “[T]he Constitution forbids Congress from taxing exports. And that resolves this case. The federal government insists that Trafigura Trading must pay a tax on domestic crude oil that it exports from the United States. But the district court said no to this.”
    • Judge Graves dissented. “Because there are genuine issues of material fact as to whether 26 U.S.C. § 4611 imposes a legitimate user fee, I would vacate the district court’s grant of summary judgment on liability to Trafigura Trading LLC and remand.”
  • Woods v. Cantrell, 21-30150, appeal from E.D. La.
    • Jolly, J. (Jolly, Willett, Oldham), Title VII, employment discrimination
    • Affirming in part and reversing in part 12(b)(6) dismissal of city employee’s employment discrimination claims, reversing dismissal of hostile work environment claim based on allegation of supervisor calling him a “lazy monkey a__ n_____” and affirming dismissal of all other claims.
  • U.S. v. Garner, 21-30260, appeal from W.D. La.
    • per curiam (Barksdale, Stewart, Dennis), criminal, sentencing, Armed Career Criminal Act
    • Vacating sentence based on ACCA enhancement on conviction for being a felon in possession of a firearm, holding that a prior Louisiana conviction for aggravated assault with a firearm could not be treated as a “crime of violence” under the ACCA; and remanding for resentencing.
  • Q Clothier New Orleans, LLC v. Twin City Fire Insurance Co., 21-30278, appeal from E.D. La.
    • Graves, J. (King, Graves, Ho), insurance
    • Affirming dismissal of insured’s claims arising from denial of coverage for business income losses after state and municipal shut-down orders in response to COVID-19 epidemic.
  • Ariyan, Inc. v. Sewerage & Water Board of New Orleans, 21-30335, appeal from E.D. La.
    • Dennis, J. (Barksdale, Stewart, Dennis), takings
    • Affirming dismissal of plaintiff’s takings claim against municipal entity, arising from failure of that entity to appropriate money to pay money judgment, holding that there is no property right to timely payment of a judgment.
  • U.S. v. Henderson, 21-50526, appeal from W.D. Tex.
    • Wiener, J. (Wiener, Graves, Duncan), criminal, supervised release
    • Affirming imposition of risk-notification condition of supervised release.
  • La Union del Pueblo Entero v. Abbott, 21-51145, appeal from W.D. Tex.
    • Elrod, J. (Owen, Higginbotham, Elrod), Higginbotham, J., dissenting; intervention
    • Reversing district court’s denial of motions to intervene filed by committees associated with the Republican Party into suit seeking to enjoin various provisions of Texas SB 1 regarding election law.
    • Judge Higginbotham dissented. “I agree with the panel decision that the Local Committees presented a sufficient interest in the proceedings. But in my view, the National Committees failed to present a direct interest related to defending SB 1. An intervenor must show a ‘direct, substantial, legally protectable interest in the proceedings,’ and the interest must be ‘one that the substantive law recognizes as belonging to’ the intervenor. A ‘generalized preference that the case come out a certain way’ is not enough to show an interest. Nor are purely ‘ideological, economic, or precedential reasons’ for intervention.” (Footnotes omitted).
  • Turnage v. Britton, 21-60130, appeal from S.D. Miss.
    • Costa, J. (Dennis, Higginson, Costa), sovereign immunity, timeliness
    • In claim arising from ratepayers’ claims that satisfaction of prior state-court judgment against electric utility was multi-million dollars short of what it should have been, affirming in part and reversing in part dismissal of claims, holding that sovereign immunity bars the ratepayers’ claims against the Mississippi Public Service Commissioners, that the Johnson Act does not preclude federal jurisdiction over the claims against the utility; but that district court erred in calculating the accrual date the district court used in dismissing the case on limitations grounds.
  • U.S. v. Williams, 22-30007, c/w U.S. v. Burdett, 22-30008, appeal from E.D. La.
    • Costa, J. (Smith, Costa, Wilson), criminal, evidence
    • Affirming district court’s pretrial exclusion of certain evidence as improper “other act” evidence under Rule 404(b) and, alternatively, inadmissible under the Rule 403 balancing test.

Unpublished

  • U.S. v. Segura-Romero, 17-20561, appeal from S.D. Tex.
    • per curiam (Higginbotham, Ho, Engelhardt), criminal, sentencing
    • On remand from the U.S. Supreme Court, remanding to district court to reconsider sentence for illegal reentry in light of Borden v. United States.
  • U.S. v. Harrison, 19-10916, appeal from N.D. Tex.
    • per curiam (King, Costa, Ho), habeas corpus
    • Affirming denial of sec. 2255 petition on ineffective assistance of counsel claims.
  • Bourne v. Gunnels, 19-20815, appeal from S.D. Tex.
    • per curiam (Jones, Haynes, Costa), prisoner suit
    • Reversing district court’s reinstatement of prisoner’s failure to intervene claim.
  • U.S. v. Sanchez, 19-40479, appeal from S.D. Tex.
    • per curiam (Southwick, Oldham, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Ozmun v. Wood, 19-50379, appeal from W.D. Tex.
    • per curiam (Owen, Dennis, Haynes), attorneys’ fees
    • Reversing in part, affirming in part, and remanding to district court, from its award of attorneys’ feed under the Fair Debt Collection Practices Act and the Texas Fair Debt Collection Practices Act.
  • Getagadget, L.L.C. v. Jet Creations Inc., 19-51019, appeal from W.D. Tex.
    • per curiam (Dennis, Southwick, Ho), personal jurisdiction
    • Affirming dismissal for lack of personal jurisdiction over out-of-state defendant who sold products to Texas consumer over a website.
  • U.S. v. Frausto-Olmos, 20-10446, appeal from N.D. Tex.
    • per curiam (Wiener, Dennis, Haynes), criminal, sentencing
    • Affirming 60-month sentence on conviction of illegal reentry.
  • Gunnels v. Donley County, 20-10823, appeal from N.D. Tex.
    • per curiam (Southwick, Graves, Costa), Federal Tort Claims Act
    • Dismissing as frivolous appeal from dismissal of FTCA claim.
  • Barnhill v. Bradberry, 20-10889, appeal from N.D. Tex.
    • per curiam (Southwick, Graves, Costa), prisoner suit
    • Dismissing appeal from dismissal of prisoner’s suit for lack of jurisdiction.
  • U.S. v. Balderas, 20-10992, appeal from N.D. Tex.
    • per curiam (Davis, Stewart, Dennis), criminal, sentencing, Armed Career Criminal Act
    • On remand from Supreme Court, vacating sentence enhanced under the ACCA, and remanding for resentencing.
  • U.S. v. Glenn, 20-11221, appeal from N.D. Tex.
    • per curiam (Jones, Duncan, Engelhardt), criminal, compassionate release
    • Dismissing as frivolous appeal from denial of motion for compassionate release.
  • U.S. v. Green, 20-11260, appeal from N.D. Tex.
    • per curiam (Higginbotham, Higginson, Duncan), criminal, compassionate release
    • Affirming denial of motion for compassionate release.
  • U.S. v. Carter, 20-20367, appeal from S.D. Tex.
    • per curiam (Wiener, Dennis, Haynes), criminal, sentencing
    • Affirming 324-month sentence on conviction for aiding and abetting bank robbery and for aiding and abetting the brandishing of a firearm during and in relation to a crime of violence.
  • Adams v. Blakinger, 20-20603, appeal from S.D. Tex.
    • per curiam (Southwick, Graves, Costa), prisoner suit
    • Dismissing as frivolous appeal from dismissal of prisoner’s sec. 1983 claim as frivolous.
  • Jones v. Houston Police Department, 20-20639, appeal from S.D. Tex.
    • per curiam (Elrod, Oldham, Wilson), prisoner suit
    • Dismissing as frivolous appeal from dismissal of prisoner’s sec. 1983 claims.
  • U.S. v. Spears, 20-30312, c/w 20-30527, appeal from M.D. La.
    • per curiam (Stewart, Haynes, Ho), habeas corpus
    • Denying COA from denial of sec. 2255 petition, and denying motion for recusal.
  • Sheppard v. Cheeks, 20-30355, appeal from W.D. La.
    • per curiam (Southwick, Oldham, Wilson), personal tort
    • Affirming dismissal of medical malpractice and negligence claims for lack of jurisdiction.
  • U.S. v. Carbajal, 20-40661, appeal from S.D. Tex.
    • per curiam (Smith, Stewart, Graves), criminal, sentencing
    • Vacating sentence for conviction of possession of a firearm by a convicted felon, and remanding for consideration in light of Borden v. U.S.
  • U.S. v. Dige, 20-40688, appeal from S.D. Tex.
    • per curiam (Dennis, Elrod, Duncan), criminal, guilty plea
    • Affirming guilty plea conviction of enticement of a minor to engage in sexual activity.
  • Rodriguez v. Head, 20-40800, appeal from S.D. Tex.
    • per curiam (Barksdale, Costa, Engelhardt), habeas corpus
    • Affirming denial of sec. 2241 petition.
  • Bruning v. Attmore, 20-50772, appeal from W.D. Tex.
    • per curiam (Davis, Jones, Elrod), foreclosure
    • Affirming dismissal of claims arising from foreclosure.
  • U.S. v. Crown, 20-51039, appeal from W.D. Tex.
    • per curiam (Southwick, Oldham, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Rushing v. Mississippi Department of Child Protection Services, 20-60105, appeal from S.D. Miss.
    • Costa, J. (Wiener, Costa, Willett), employment discrimination, First Amendment
    • Affirming in part, vacating in part, and remanding from summary judgment dismissal of plaintiff’s First Amendment retaliation claims against former employer.
  • Knight v. Shults, 20-60243, appeal from S.D. Miss.
    • per curiam (Southwick, Graves, Costa), Bivens claim
    • Dismissing as frivolous appeal from dismissal of Bivens claim.
  • Martinez v. Garland, 20-60505, petition for review of BIA order
    • per curiam (Wiener, Dennis, Haynes), immigration
    • Denying in part and dismissing in part Cuban citizen’s petition for review of BIA order summarily dismissing his appeal as barred by his waiver of appeal before the Immigration Judge.
  • Thanigasalam v. Garland, 20-60677, petition for review of BIA order
    • per curiam (Smith, Stewart, Graves), immigration
    • Denying Sri Lankan citizen’s petition for review of BIA order dismissing his appeal of the denial of his application for asylum, withholding of removal, and protection under the Convention Against Torture.
  • Garcia-De Paz v. Garland, 20-60752, petition for review of BIA order
    • per curiam (King, Costa, Ho), immigration
    • Denying Salvadoran citizen’s petition for review of BIA order dismissing their appeal from the denial by an Immigration Judge (IJ) of their applications for asylum, withholding of removal, and protection under the Convention Against Torture.
  • Mamun v. Garland, 20-60804, petition for review of BIA order
    • per curiam (Wiener, Dennis, Haynes), immigration
    • Denying Bangladeshi citizen’s petition for review of BIA order dismissing the appeal of a decision in which an Immigration Judge (IJ) denied Mamun’s applications for asylum, withholding of removal, and relief under the CAT.
  • Hernandez v. Garland, 20-60810, petition for review of BIA order
    • per curiam (Southwick, Oldham, Wilson), immigration
    • Denying Honduran citizens’ petition for review of BIA order dismissing their appeal from the denial of their applications for asylum, withholding of removal, and protection under the Convention Against Torture.
  • Mbah v. Garland, 20-60985, petition for review of BIA order
    • per curiam (Southwick, Oldham, Wilson), immigration
    • Denying Cameroonian citizen’s petition for review of BIA order upholding the Immigration Judge’s denial of his claims for asylum, withholding of removal, and relief under the Convention Against Torture.
  • Gonzalez de Sanchez v. Garland, 20-61060, petition for review of BIA order
    • per curiam (Jolly, Willett, Engelhardt), immigration
    • Denying Salvadoran citizens’ petition for review of BIA order affirming IJ’s denial of their application for asylum, withholding of removal, and protection under the Convention Against Torture.
  • Zepeda v. Garland, 20-61223, petition for review of BIA order
    • per curiam (Davis, Jones, Elrod), immigration
    • Denying Honduran citizens’ petition for review of BIA order dismissing appeal from the denial of his applications for asylum and withholding of removal.
  • Afshani v. Spirit SPE Portfolio 2006-1, 21-10137, appeal from N.D. Tex.
    • per curiam (Dennis, Elrod, Duncan), breach of contract, fraud
    • Affirming in part and reversing in part dismissal of breach of contract and fraud claims, and remanding for further proceedings.
  • Nogales v. Department of Homeland Security, 21-10236, appeal from N.D. Tex.
    • per curiam (Wiener, Dennis, Haynes), habeas corpus
    • Affirming dismissal of detainee’s petition for habeas relief from ICE custody for lack of jurisdiction.
  • U.S. v. Juan, 21-10297, appeal from N.D. Tex.
    • per curiam (King, Costa, Ho), criminal
    • Granting Anders motion for withdrawal, and dismissing appeal.
  • U.S. v. Milton, 21-10473, appeal from N.D. Tex.
    • per curiam (Davis, Jones, Elrod), criminal, sentencing
    • Affirming 87-month sentence on conviction of one count of conspiracy to possess with intent to distribute methamphetamine.
  • U.S. v. Villacana, 21-10513, appeal from N.D. Tex.
    • per curiam (Wiener, Dennis, Haynes), criminal, compassionate release
    • Affirming denial of motion for sentence reduction.
  • U.S. v. Cimino, 21-10550, appeal from N.D. Tex.
    • per curiam (Wiener, Dennis, Haynes), criminal, sentencing
    • Affirming conviction and sentence for being a felon in possession of a firearm.
  • U.S. v. Coppin, 21-10650, appeal from N.D. Tex.
    • per curiam (Southwick, Graves, Costa), habeas corpus
    • Denying motion for COA from denial of sec. 2255 petition.
  • U.S. v. Bomar, 21-10679, appeal from N.D. Tex.
    • per curiam (Wiener, Dennis, Haynes), criminal, sentencing
    • Affirming 84-month sentence on conviction of possession of a firearm after a felony conviction.
  • U.S. v. Garcia, 21-10706, appeal from N.D. Tex.
    • per curiam (Southwick, Oldham, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Collins, 21-10707, appeal from N.D. Tex.
    • per curiam (Davis, Jones, Elrod), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Hernandez, 21-10709, appeal from N.D. Tex.
    • per curiam (Higginbotham, Higginson, Duncan), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Israel, 21-10741, appeal from N.D. Tex.
    • per curiam (Wiener, Dennis, Haynes), criminal, compassionate release
    • Affirming denial of motion for compassionate release.
  • Butler v. Holmes, 21-10762, appeal from N.D. Tex.
    • per curiam (Jones, Duncan, Engelhardt), prisoner suit
    • Dismissing as frivolous appeal from dismissal of prisoner’s sec. 1983 claim.
  • U.S. v. Walker, 21-10768, appeal from N.D. Tex.
    • per curiam (Jolly, Willett, Engelhardt), criminal
    • Granting Anders motion for withdrawal, and dismissing appeal.
  • U.S. v. Torres-Villaneuva, 21-10778, appeal from N.D. Tex.
    • per curiam (King, Costa, Ho), criminal, sentencing
    • Affirming sentence on conviction of illegal reentry.
  • U.S. v. Carreon-Gonzalez, 21-10845, appeal from N.D. Tex.
    • per curiam (Wiener, Dennis, Haynes), criminal, sentencing
    • Granting summary affirmance of 46-month sentence on conviction for illegal reentry.
  • U.S. v. Lara, 21-10853, appeal from N.D. Tex.
    • per curiam (Davis, Jones, Elrod), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Barrieta-Barrera, 21-10879, appeal from N.D. Tex.
    • per curiam (Jolly, Willett, Engelhardt), criminal, sentencing
    • Granting summary affirmance of conviction and sentence for illegal reentry.
  • U.S. v. Burton, 21-10881, appeal from N.D. Tex.
    • per curiam (Smith, Stewart, Graves), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Galarza, 21-10970, appeal from N.D. Tex.
    • per curiam (Higginbotham, Higginson, Duncan), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Williams, 21-10982, appeal from N.D. Tex.
    • per curiam (Southwick, Oldham, Wilson), criminal, sentencing
    • Affirming 48-month sentence on conviction of possession of firearms and ammunition by a convicted felon.
  • U.S. v. Garcia-Salazar, 21-11036, appeal from N.D. Tex.
    • per curiam (Wiener, Dennis, Haynes), criminal, sentencing
    • Granting summary affirmance of conviction and sentence for illegal reentry.
  • U.S. v. Daniels, 21-11121, appeal from N.D. Tex.
    • per curiam (Davis, Jones, Elrod), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Reyes-Lopez, 21-11122, appeal from N.D. Tex.
    • per curiam (Smith, Stewart, Graves), criminal, sentencing
    • Granting summary affirmance of conviction and sentence for illegal reentry.
  • Miller v. Vilsack, 21-11271, appeal from N.D. Tex.
    • per curiam (Southwick, Haynes, Higginson), intervention
    • Reversing district court’s denial of motion to intervene in suit challenging constitutionality of American Rescue Plan Act.
  • U.S. v. Alfonso, 21-20036, appeal from S.D. Tex.
    • per curiam (Wiener, Dennis, Haynes), criminal, sentencing
    • Affirming sentence on conviction of conspiracy to possess with intent to distribute 50 grams or more of methamphetamine.
  • Pimpanit v. Phumswarng, Inc., 21-20298, appeal from S.D. Tex.
    • per curiam (Jones, Higginson, Duncan), employment law, res judicata
    • Reversing dismissal of retaliation claims on basis they were precluded by settlement of prior underpayment claims.
  • U.S. v. Zaragoza-Nunez, 21-20319, appeal from S.D. Tex.
    • per curiam (Wiener, Dennis, Haynes), criminal, supervised release
    • Vacating imposition of certain supervised release terms and remanding to enter sentence comporting with oral pronouncement.
  • Nguyen v. Carroll, 21-20556, appeal from S.D. Tex.
    • per curiam (Davis, Jones, Elrod), immigration
    • Affirming dismissal of suit alleging he was illegally denied citizenship via naturalization and requesting an order naturalizing him.
  • King v. Richardson, 21-20593, appeal from S.D. Tex.
    • per curiam (Elrod, Oldham, Wilson), prisoner suit
    • Dismissing as frivolous appeal from dismissal of prisoner’s sec. 1983 claim.
  • U.S. v. Klarer, 21-20630, appeal from S.D. Tex.
    • per curiam (Southwick, Oldham, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Doe v. City of Baton Rouge, 21-30061, appeal from M.D. La.
    • per curiam (Higginbotham, Higginson, Duncan), sec. 1983
    • Dismissing as frivolous appeal from dismissal of sec. 1983 claims arising from state court rulings.
  • U.S. v. Toliver, 21-30246, appeal from E.D. La.
    • per curiam (Wiener, Dennis, Haynes), criminal, sentencing
    • Dismissing for lack of jurisdiction appeal of sentence on conviction of possession of 15 or more fraudulent access devices and aggravated identity theft.
  • U.S. v. Robinson, 21-30284, appeal from W.D. La.
    • per curiam (Davis, Jones, Elrod), criminal, compassionate release
    • Affirming denial of motion for compassionate release.
  • U.S. v. Cook, 21-30330, appeal from W.D. La.
    • per curiam (Elrod, Oldham, Wilson), habeas corpus
    • Affirming dismissal of sec. 2241 petition.
  • U.S. v. Sylvester, 21-30413, appeal from E.D. La.
    • per curiam (Higginbotham, Duncan, Engelhardt), criminal, First Step Act
    • Affirming denial of motion for resentencing under the First Step Act.
  • Thorn v. Racetrac Petroleum Inc., 21-30492, appeal from E.D. La.
    • per curiam (Elrod, Oldham, Wilson), personal tort
    • Dismissing as frivolous appeal from summary judgment dismissal of slip-and-fall claim.
  • U.S. v. Overstreet, 21-30527, appeal from W.D. La.
    • per curiam (Jolly, Willett, Engelhardt), criminal, supervised release
    • Vacating sentence on conviction of conspiracy to distribute and possess with intent to distribute 50 grams or more of methamphetamine and 500 grams or more of a mixture containing methamphetamine, and remanding for sentencing with supervised release terms comporting with oral pronouncement.
  • U.S. v. Richard, 21-30579, appeal from W.D. La.
    • per curiam (King, Costa, Ho), criminal, sentencing
    • Affirming 48-month sentence on conviction of possessing firearms and ammunition after a felony conviction.
  • U.S. v. Joseph, 21-30590, appeal from W.D. La.
    • per curiam (Smith, Stewart, Graves), criminal, sentencing
    • Affirming 37-month sentence on conviction of receiving a firearm while under indictment.
  • U.S. v. Adams, 21-30599, appeal from W.D. La.
    • per curiam (Davis, Jones, Elrod), criminal, supervised release
    • Remanding sentence on revocation of supervised release for sentencing comporting with oral pronouncement.
  • U.S. v. Sosa, 21-40035, appeal from S.D. Tex.
    • per curiam (Stewart, Clement, Elrod), criminal, sentencing
    • Vacating sentence on conviction of conspiring to possess with intent to distribute more than 50 grams of methamphetamine, and remanding for resentencing.
  • U.S. v. Franco-Lopez, 21-40239, appeal from S.D. Tex.
    • per curiam (Wiener, Dennis, Haynes), criminal, sentencing
    • Affirming 140-month and 10-year concurrent sentences on conviction of possession of 500 grams or more of methamphetamine and unlawful possession of a firearm and ammunition by an alien.
  • U.S. v. Trevino-Mendoza, 21-40273, appeal from S.D. Tex.
    • per curiam (Davis, Jones, Elrod), criminal, sentencing
    • Affirming 262-month sentence on conviction of felony possession of a firearm and conspiracy to possess with intent to distribute 500 grams or more of methamphetamine.
  • U.S. v. Munoz, 21-40423, appeal from E.D. Tex.
    • per curiam (Elrod, Oldham, Wilson), criminal, compassionate release
    • Dismissing as frivolous appeal from denial of motion for compassionate release.
  • U.S. v. Cano-Rodriguez, 21-40489, appeal from S.D. Tex.
    • per curiam (Jolly, Willett, Engelhardt), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Davis, 21-40515, appeal from E.D. Tex.
    • per curiam (Wiener, Dennis, Haynes), criminal, compassionate release
    • Affirming denial of motion for compassionate release.
  • Yarbrough v. Santa Fe Independent School District, 21-40519, appeal from S.D. Tex.
    • Costa, J. (King, Costa, Ho), sec. 1983
    • Affirming dismissal of substantive due process claim for failure to protect plaintiff from harm who suffered concussion at school football practice.
  • U.S. v. McCuiston, 21-40524, appeal from S.D. Tex.
    • per curiam (Smith, Stewart, Graves), criminal, compassionate release
    • Affirming denial of motion for compassionate release.
  • U.S. v. Villanueva-Cardenas, 21-40527, appeal from S.D. Tex.
    • per curiam (Higginbotham, Higginson, Duncan), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Epperson, 21-40567, appeal from E.D. Tex.
    • per curiam (King, Costa, Ho), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Vasquez-Rodriguez, 21-40572, appeal from S.D. Tex.
    • per curiam (Southwick, Oldham, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Dominguez, 21-40685, appeal from S.D. Tex.
    • per curiam (Southwick, Oldham, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Navarro-Galves, 21-40696, appeal from S.D. Tex.
    • per curiam (Jolly, Willett, Engelhardt), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Johnson, 21-40713, appeal from S.D. Tex.
    • per curiam (Jolly, Willett, Engelhardt), criminal, sentencing
    • Affirming 46-month sentence on conviction of conspiring to transport and transporting unlawful aliens within the United States for the purpose of commercial advantage and private financial gain.
  • Green v. City of Texas City, 21-40727, appeal from S.D. Tex.
    • per curiam (Southwick, Oldham, Wilson), sec. 1983
    • Affirming dismissal of sec. 1983 claims and denial of motion to amend.
  • U.S. v. Garcia-Hernandez, 21-40736, appeal from S.D. Tex.
    • per curiam (Southwick, Graves, Costa), criminal, compassionate release
    • Dismissing as frivolous appeal from denial of motion for compassionate release.
  • U.S. v. Romero, 21-50056, appeal from W.D. Tex.
    • per curiam (Southwick, Oldham, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Ausbie, 21-50189, c/w 21-50190, appeal from W.D. Tex.
    • per curiam (Higginbotham, Higginson, Duncan), criminal
    • Affirming convictions for conspiracy to possess with intent to distribute 50 grams or more of methamphetamine and for possession of a firearm in furtherance of a drug trafficking crime.
  • U.S. v. Vaughn, 21-50220, appeal from W.D. Tex.
    • per curiam (Davis, Jones, Elrod), criminal, sentencing
    • Affirming 71-month sentence on conviction of possession of a firearm by a convicted felon.
  • U.S. v. Gandara-Granillo, 21-50251, appeal from W.D. Tex.
    • per curiam (Smith, Stewart, Graves), criminal, compassionate release
    • Affirming denial of motion for sentence reduction.
  • U.S. v. Claflin, 21-50302, appeal from W.D. Tex.
    • per curiam (Southwick, Oldham, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Kendricks v. Methodist Children’s Home, 21-50336, appeal from W.D. Tex.
    • per curiam (Southwick, Oldham, Wilson), employment discrimination
    • Affirming summary judgment dismissal of employment discrimination claims.
  • U.S. v. Balboa, 21-50362, appeal from W.D. Tex.
    • per curiam (Southwick, Oldham, Wilson), criminal, compassionate release
    • Affirming denial of motion for compassionate release.
  • U.S. v. Ramirez-Benavides, 21-50370, c/w 21-50385, appeal from W.D. Tex.
    • per curiam (Smith, Stewart, Graves), criminal, sentencing
    • Affirming 51-month sentence for illegal reentry and revocation of supervised release.
  • Perez v. Southeast SNF, L.L.C., 21-50399, c/w Strait v. Southeast SNF, L.L.C., 21-50412, c/w Salinas v. Southeast SNF, L.L.C. 21-50413, appeal from W.D. Tex.
    • per curiam (Higginbotham, Stewart, Wilson), personal torts, removal
    • Affirming remand to state court of claims arising from COVID-19 deaths of nursing home residents.
  • U.S. v. Zamudio, 21-50467, appeal from W.D. Tex.
    • per curiam (King, Costa, Ho), criminal, guilty plea
    • Affirming district court’s denial of motion to withdraw guilty plea to conspiring to possess with the intent to distribute cocaine.
  • U.S. v. Smiley, 21-50519, appeal from W.D. Tex.
    • per curiam (Smith, Stewart, Graves), criminal, sentencing
    • Affirming sentence on conviction of possession with intent to distribute five grams or more of actual methamphetamine.
  • U.S. v. Juan, 21-50527, appeal from W.D. Tex.
    • per curiam (Jolly, Willett, Engelhardt), criminal, sentencing
    • Affirming 36-month sentence on conviction of making a false statement in application and use of a passport.
  • U.S. v. Butler, 21-50565, appeal from W.D. Tex.
    • per curiam (Southwick, Oldham, Wilson), criminal, sentencing
    • Affirming sentence on revocation of supervised release.
  • Ledet v. Homes, 21-50618, appeal from W.D. Tex.
    • per curiam (Wiener, Dennis, Haynes), employment discrimination
    • Affirming summary judgment dismissal of employment discrimination claims.
  • U.S. v. Saavedra-Rico, 21-50638, appeal from W.D. Tex.
    • per curiam (Higginbotham, Higginson, Duncan), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Ocana, 21-50654, appeal from W.D. Tex.
    • per curiam (Southwick, Oldham, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. La Fuente, 21-50673, appeal from W.D. Tex.
    • per curiam (Barksdale, Willett, Duncan), criminal, sentencing
    • Affirming 63-month sentence on conviction of transporting illegal aliens for financial gain.
  • U.S. v. Barraza-Meza, 21-50677, appeal from W.D. Tex.
    • per curiam (Smith, Stewart, Graves), criminal, sentencing
    • Affirming imposition of three-year term of supervised release on conviction of possession with intent to distribute marijuana.
  • U.S. v. Kirk, 21-50681, appeal from W.D. Tex.
    • per curiam (Higginbotham, Higginson, Duncan), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Omoyaiwe, 21-50696, appeal from W.D. Tex.
    • per curiam (Southwick, Oldham, Wilson), criminal, compassionate release
    • Affirming denial of motion for compassionate release.
  • U.S. v. Pena-Garcia, 21-50730, c/w 21-50747, appeal from W.D. Tex.
    • per curiam (Higginbotham, Duncan, Engelhardt), criminal, sentencing
    • Affirming 63-month sentence on conviction of illegal reentry.
  • U.S. v. Menchaca, 21-50748, appeal from W.D. Tex.
    • per curiam (Wiener, Dennis, Haynes), criminal, sentencing
    • Affirming sentence on conviction of conspiring to transport illegal aliens and transporting illegal aliens for financial gain.
  • U.S. v. Wilson, 21-50784, appeal from W.D. Tex.
    • per curiam (Davis, Jones, Elrod), criminal, compassionate release
    • Affirming denial of motion for compassionate release.
  • U.S. v. Rodriguez-Morales, 21-50877, appeal from W.D. Tex.
    • per curiam (Southwick, Oldham, Wilson), criminal, sentencing
    • Affirming conviction and sentence for illegal reentry.
  • U.S. v. Mercado-Bravo, 21-50892, appeal from W.D. Tex.
    • per curiam (King, Costa, Ho), criminal, supervised release
    • Vacating and remanding for resentencing comporting with oral pronouncement.
  • U.S. v. Lerma, 21-50896, appeal from W.D. Tex.
    • per curiam (Higginbotham, Higginson, Duncan), criminal, sentencing
    • Affirming 115-month sentence on conviction of possession of a firearm by a convicted felon.
  • U.S. v. Zubieto-Moreno, 21-50903, c/w 21-50916, appeal from W.D. Tex.
    • per curiam (Wiener, Dennis, Haynes), criminal, sentencing
    • Affirming conviction and sentence for illegal reentry and revocation of supervised release.
  • U.S. v. Fierro-Rentaria, 21-50999, c/w 21-51014, appeal from W.D. Tex.
    • per curiam (Southwick, Oldham, Wilson), criminal, sentencing
    • Affirming conviction and sentence on illegal reentry.
  • U.S. v. Lopez-Cervantez, 21-51006, appeal from W.D. Tex.
    • per curiam (Smith, Stewart, Graves), criminal, sentencing
    • Affirming conviction and 16-month sentence for illegal reentry.
  • U.S. v. Montilla, 21-51010, c/w 21-51024, appeal from W.D. Tex.
    • per curiam (Jolly, Willett, Engelhardt), criminal, sentencing
    • Affirming conviction and sentence for illegal reentry.
  • U.S. v. Molina-Rivas, 21-51035, appeal from W.D. Tex.
    • per curiam (Davis, Jones, Elrod), criminal, sentencing
    • Affirming conviction and sentence for illegal reentry.
  • U.S. v. Gallegos-Quirino, 21-51090, c/w 51093, appeal from W.D. Tex.
    • per curiam (Wiener, Dennis, Haynes), criminal, sentencing
    • Affirming conviction and sentence on conviction of illegal reentry and for revocation of supervised release.
  • U.S. v. Olvera-Vitela, 21-51098, c/w 21-51099, appeal from W.D. Tex.
    • per curiam (Wiener, Dennis, Haynes), criminal, sentencing
    • Granting summary affirmance of conviction and sentence for illegal reentry and revocation of supervised release.
  • U.S. v. Rodriguez-Loaza, 21-51107, appeal from W.D. Tex.
    • per curiam (Wiener, Dennis, Haynes), criminal, sentencing
    • Affirming conviction and sentence for illegal reentry.
  • U.S. v. Villalobos-Marquez, 21-51225, c/w 21-51233, appeal from W.D. Tex.
    • per curiam (Smith, Stewart, Graves), criminal, sentencing
    • Granting summary affirmance of conviction and sentence for illegal reentry and revocation of supervised release.
  • Diaz-Zamites v. Garland, 21-60155, petition for review of BIA order
    • per curiam (Wiener, Dennis, Haynes), immigration
    • Denying petition for review of BIA order dismissing petitioner’s appeal from the denial of his application for cancellation of removal.
  • Acacihua-Flores v. Garland, 21-60168, petition for review of BIA order
    • per curiam (Smith, Stewart, Graves), immigration
    • Denying Mexican citizen’s petition for review of BIA order dismissing her appeal from the denial of her application for asylum, withholding of removal, and protection under the Convention Against Torture.
  • U.S. v. Bolton, 21-60425, appeal from S.D. Miss.
    • per curiam (Wiener, Dennis, Haynes), criminal, sentencing, restitution
    • Affirming convictions of four counts of attempted tax evasion and five counts of filing false tax returns, sentences of 45 and 30 months’ imprisonment for the two co-defendants, and restitution of $145,849.78.
  • Zelaya de Tobar v. Garland, 21-60455, petition for review of BIA order
    • per curiam (Barksdale, Costa, Engelhardt), immigration
    • Dismissing in part and denying in part Salvadoran citizen’s petition for review of BIA order affirming the Immigration Judge’s (IJ) denying her claims, inter alia, for asylum and withholding of removal.
  • U.S. v. Delaney, 21-60477, appeal from S.D. Miss.
    • per curiam (Davis, Jones, Elrod), criminal, sentencing
    • Dismissing pursuant to appeal waiver the appeal of 276-month sentence on guilty plea convictions of three counts of Hobbs Act robbery, 18 U.S.C. § 1951, and two counts of brandishing a firearm during a crime of violence.
  • Oneal v. Garland, 21-60556, petition for review of BIA order
    • per curiam (Wiener, Dennis, Haynes), immigration
    • Dismissing Guyanan citizen’s petition for review of BIA order denying his motion for reopening and reconsideration.
  • Lnu v. Garland, 21-60570, petition for review of BIA order
    • per curiam (King, Costa, Ho), immigration
    • Denying Indian citizen’s petition for review of BIA order denying asylum, withholding of removal, and relief under the Convention Against Torture.
  • Perez v. Garland, 21-60578, petition for review of BIA order
    • per curiam (Higginbotham, Higginson, Duncan), immigration
    • On Mexican citizen’s petition for review of BIA order dismissing his appeal from the denial of his applications for cancellation of removal, 8 U.S.C. § 1229b(b), withholding of removal, and relief under the CAT, remanding to the BIA for the limited purpose of reconsidering his application for cancellation of removal.
  • Fru v. Garland, 21-60650, petition for review of BIA order
    • per curiam (Jolly, Willett, Engelhardt), immigration
    • Denying in part and dismissing in part Cameroonian citizen’s petition for review of BIA order upholding the denial of his asylum claims that are based on alleged persecution by the military of Cameroon.
  • Longoria v. Paxton, 22-50110, appeal from W.D. Tex.
    • per curiam (Southwick, Haynes, Higginson), election law
    • Certifying to Texas Supreme Court the questions: “(1) Whether Volunteer Deputy Registrars are ‘public officials’ under the Texas Election Code; (2) Whether the speech Plaintiffs allege that they intend to engage in constitutes ‘solicitation’ within the context of Texas Election Code § 276.016(a)(1). For example, is the definition narrowly limited to seeking application for violative mail-in ballots? Is it limited to demanding submission of an application for mail-in ballots (whether or not the applicant qualifies) or does it broadly cover the kinds of comments Plaintiffs stated that they wish to make: telling those who are elderly or disabled, for example, that they have the opportunity to apply for mail-in ballots?; and (3) Whether the Texas Attorney General is a proper official to enforce Texas Election Code § 31.129.”