April 22, 2022, opinions

Designated for publication

  • U.S. v. Hanner, 20-30420, appeal from W.D. La.
    • Higginson, J. (Southwick, Haynes, Higginson), habeas corpus
    • Vacating in part and affirming in part district court’s ruling on successive sec. 2255 petition, on basis that petitioner had raised a grounds for challenging his sentence that had not been authorized by the Fifth Circuit’s grant of a motion to file the successive petition.
  • Exela Enterprise Solutions, Inc. v. National Labor Relations Board, 21-60426, Petition for Review and Cross-Application For Enforcement of a NLRB Order
    • Clement, J. (Stewart, Clement, Elrod), National Labor Relations Act
    • Denying Exela’s petition for review, and granting NLRB’s cross-petition for enforcement, of NLRB order finding that Exela violated the National Labor Relations Act (“NLRA”) by refusing to bargain with the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, AFL-CIO-CLC, on finding that substantial evidence supported the order.

Unpublished

  • U.S. v. Pierre, 20-30728, appeal from E.D. La.
    • per curiam (Smith, Elrod, Oldham), Oldham, J., dissenting; criminal, guilty plea
    • Vacating guilty plea conviction for conspiring to traffic at least 280 grams of cocaine, which was entered pursuant to agreement that government would not pursue sentencing enhancement, on basis that sentencing enhancement could not have applied anyway.
    • Judge Oldham dissented.
  • U.S. v. Jimenez-Garcia, 21-10333, appeal from N.D. Tex.
    • per curiam (Davis, Jones, Elrod), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Santos, 21-10381, appeal from N.D. Tex.
    • per curiam (Barksdale, Willett, Duncan), criminal
    • Affirming conviction of attempted enticement of a minor.
  • U.S. v. Escalante, 21-11109, appeal from N.D. Tex.
    • per curiam (Jolly, Willett, Engelhardt), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Saucedo, 21-40327, appeal from S.D. Tex.
    • per curiam (Barksdale, Willett, Duncan), criminal, sentencing
    • Affirming 272-month sentence on convictions of conspiracy to kidnap, kidnapping, and using, carrying, brandishing, or discharging a firearm during a crime of violence.
  • Glover v. Lopez, 21-40734, appeal from S.D. Tex.
    • per curiam (Jones, Duncan, Engelhardt), prisoner suit
    • Dismissing as frivolous appeal of dismissal of sec. 1983 claim by pretrial detainee.
  • Session v. Ware, 21-50250, appeal from W.D. Tex.
    • per curiam (Smith, Higginson, Willett), prisoner suit
    • Dismissing as frivolous appeal from dismissal of prisoner’s suit for failure to exhaust administrative remedies.
  • Santana-Casas v. Garland, 21-60115, petition for review of BIA order
    • per curiam (Jolly, Willett, Engelhardt), immigration
    • Dismissing in part and denying in part Mexican citizen’s petition for review of BIA order dismissing his appeal from the denial of his application for cancellation of removal.
  • U.S. v. Santana, 21-60631, appeal from S.D. Miss.
    • per curiam (Jolly, Willett, Engelhardt), criminal, compassionate release
    • Affirming denial of motion for compassionate release.
  • Ades v. U.S., 22-10044, appeal from N.D. Tex.
    • per curiam (Wiener, Dennis, Haynes), Administrative Procedure Act
    • Affirming dismissal of plaintiff’s APA claims.
  • U.S. v. Runsdorf, 22-40073, appeal from E.D. Tex.
    • per curiam (Davis, Jones, Elrod), criminal, pretrial detention
    • Affirming district court’s vacatur of magistrate judge’s pretrial release order.