April 20, 2022, opinions

Posted on by tadbartlett

Designated for publication

  • Vista Health Plan, Inc. v. U.S. Department of Health and Human Services, 20-50963, appeal from W.D. Tex.
    • Wilson, J. (Higginbotham, Stewart, Wilson), Affordable Care Act, finality of judgment
    • Withdrawing panel opinion from March 17, 2022, which affirmed district court’s summary judgment in favor of HHS defendants on plaintiff insurer’s challenge to HHS rules regarding risk-adjustment program designed to redistribute actuarial risk among health insurance plans to ensure that sicker-than-average individuals can obtain affordable healthcare, and substituting new opinion that dismisses appeal for lack of finality of district court judgment that had remanded portion of claims to HHS.
  • Wooley v. N & W Marine Towing, LLC, 21-30594, appeal from E.D. La.
    • Higginson, J. (Higginson, Willett, Ho), maritime law
    • After vessel owner filed maritime limitation action against seaman injured on vessel, district court lifted stay on seaman’s pursuit of suits in other forums; Court affirmed district court’s order lifting stay.
    • The Court held, “The district court concluded that Wooley’s ‘stipulation adequately protects N&W’s absolute right to limit its liability in the federal forum.’ We agree. Because the stipulation both recognized the district court’s exclusive jurisdiction over the limitation proceeding and stated that Wooley would not seek to enforce a damage award greater than the value of the ship and its freight until the district court had adjudicated the limitation proceeding, it meets the requirements set forth in Odeco Oil. See 74 F.3d at 674. Accordingly, the district court did not abuse its discretion by lifting the stay and allowing Wooley to pursue remedies in other forums.”
  • Buntion v. Lumpkin, 22-70003, c/w Buntion v. Collier, on application for COA from S.D. Tex.
    • per curiam (Costa, Duncan, Oldham), habeas corpus
    • Denying COA and motion for stay of execution to petitioner convicted of capital murder of a police officer.
    • The Court held that the district court did not err in holding that the petitioner’s newest federal habeas petition (his third), without filing an application for permission to file a successive habeas petition, was barred under sec. 2244, as it raised claims already denied by the Fifth Circuit during the petitioner’s second round of federal habeas claims.

Unpublished

  • U.S. v. Williams, 20-11110, appeal from N.D. Tex.
    • per curiam (King, Smith, Wilson), criminal, sentencing, Armed Career Criminal Act
    • On remand from Supreme Court, affirming 81-month sentence for conviction of possession of a firearm by a felon, on basis that Texas robbery conviction was a crime of violence under the ACCA.
  • Bakre v. Kendall, 20-40660, appeal from E.D. Tex.
    • per curiam (Smith, Higginson, Willett), prisoner suit
    • Dismissing as frivolous appeal from dismissal of prisoner’s sec. 1983 suit.
  • U.S. v. Paz-Mejia, 20-50926, appeal from W.D. Tex.
    • per curiam (Smith, Stewart, Graves), criminal, sentencing
    • Vacating in part sentence for illegal reentry, and remanding for resentencing.
  • U.S. v. Morales, 21-50315, appeal from W.D. Tex.
    • per curiam (Southwick, Haynes, Higginson), criminal
    • Affirming conviction for conspiracy to possess with intent to distribute 100 grams or more of heroin.
  • U.S. v. Washington, 21-50388, appeal from W.D. Tex.
    • per curiam (King, Costa, Ho), criminal, compassionate release
    • Affirming denial of motion for compassionate release.
  • Carlos v. VanNess, 21-50419, appeal from W.D. Tex.
    • per curiam (Higginson, Willett, Ho), jurisdiction
    • Vacating district court’s dismissal of claims against defendant as to which the district court originally had supplemental jurisdiction but had severed into a separate matter under Rule 21 prior to dismissing claim. Court ordered district court on remand to determine first if it had diversity jurisdiction over severed claim before ruling on merits.
  • U.S. v. Chapman, 21-60728, appeal from S.D. Miss.
    • per curiam (King, Costa, Ho), criminal, compassionate release
    • Vacating denial of motion for compassionate release, and remanding for consideration in light of United States v. Shkambi, 993 F.3d 388, 392-93 (5th Cir. 2021).