May 5, 2022, opinions

Catching up on the blog after some non-stop over-drive briefing weeks, so both published and unpublished opinions will only contain summary disposition information and not the usual fuller descriptions.

Designated for publication

  • Guerrero v. Occidental Petroleum Corp., 20-20633, appeal from S.D. Tex.
    • Duncan, J. (Higginbotham, Willett, Duncan), employment
    • Affirming district court’s dismissal of claims of Ecuadoran employees’ claims against Occidental on basis of profit-sharing agreement and effects of Ecuadoran government’s expropriation of Occidental assets.
  • U.S. v. Cabello, 21-50083, appeal from W.D. Tex.
    • Oldham, J. (Smith, Elrod, Oldham), criminal
    • Affirming conviction of aiding and abetting in the possession of methamphetamine with intent to distribute.

Unpublished

  • Burch v. Aurzada, 20-10709, c/w 20-10828, appeal from N.D. Tex.
    • per curiam (Jones, Duncan, Engelhardt), bankruptcy
    • Dismissing as frivolous appeal from district court’s dismissal of appeal from bankruptcy court for failure to pay filing fee.
  • Burch v. Bank of America, N.A., 20-10850, appeal from N.D. Tex.
    • per curiam (Smith, Higginson, Willett), bankruptcy
    • Dismissing as frivolous appeal from district court’s dismissal of appeal from bankruptcy court for failure to pay filing fee.
  • Striz v. Collier, 20-40878, appeal from S.D. Tex.
    • per curiam (King, Costa, Ho), prison suit
    • Affirming district court’s dismissal of prisoner’s sec. 1983 claim arising from administrative segregation.
  • Cabrera-Ardon v. Garland, 20-60868, petition for review of BIA order
    • per curiam (King, Costa, Ho), immigration
    • Denying Honduran citizens’ petition for review of BIA order denying them asylum and withholding of removal.
  • Diggs v. Waybourn, 21-10395, appeal from N.D. Tex.
    • per curiam (Davis, Jones, Elrod), prison suit
    • Affirming district court’s dismissal of prisoner’s sec. 1983 suit as frivolous.
  • U.S. v. Hays, 21-10406, appeal from N.D. Tex.
    • per curiam (Higginbotham, Higginson, Duncan), criminal, compassionate release
    • Affirming denial of motion for compassionate release.
  • U.S. v. Gonzalez, 21-10631, appeal from N.D. Tex.
    • per curiam (Higginbotham, Higginson, Duncan), criminal, sentencing
    • Affirming 365-month sentence on conviction of one count of kidnapping.
  • U.S. v. Clark, 21-20248, appeal from S.D. Tex.
    • per curiam (King, Costa, Ho), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Mikulin, 21-20378, appeal from S.D. Tex.
    • per curiam (King, Costa, Ho), tax law
    • Affirming in part and dismissing in part appeals from judgment allowing the United States to recover the taxes, penalties, and interest owed by appellants.
  • U.S. v. Villatoro, 21-40583, appeal from E.D. Tex.
    • per curiam (Higginbotham, Higginson, Duncan), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Salazar-Razo, 21-40791, appeal from S.D. Tex.
    • per curiam (King, Costa, Ho), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Hearst, 21-50428, appeal from W.D. Tex.
    • per curiam (Higginbotham, Higginson, Duncan), criminal, sentencing
    • Affirming conviction and 210-month sentence for conspiracy to possess with intent to distribute five grams or more of actual methamphetamine.
  • U.S. v. Suttle, 21-50576, appeal from W.D. Tex.
    • per curiam (Davis, Jones, Elrod), criminal, compassionate release
    • Vacating denial of motion for compassionate release and remanding for reconsideration.
  • U.S. v. Gallardo, 21-50601, appeal from W.D. Tex.
    • per curiam (Elrod, Oldham, Wilson), criminal, compassionate release
    • Dismissing as frivolous appeal from denial of motion for compassionate release.
  • Sandoval-Salmeron v. Garland, 21-60099, petition for review of BIA order
    • per curiam (Higginbotham, Higginson, Duncan), immigration
    • Denying Salvadoran citizen’s petition for review of BIA order dismissing his appeal from the denial of his application for cancellation of removal.
  • Martinez v. Garland, 21-60368, petition for review of BIA order
    • per curiam (King, Costa, Ho), immigration
    • Denying in part and dismissing in part Mexican citizen’s petition for review of BIA order dismissing his appeal from the denial of his application for cancellation of removal.
  • Wallace v. Reiser, 21-60463, appeal from S.D. Miss.
    • per curiam (King, Costa, Ho), habeas corpus
    • Affirming denial of petition for habeas corpus.
  • U.S. v. Abrams, 21-60589, appeal from N.D. Miss.
    • per curiam (Higginbotham, Dennis, Graves), criminal, sentencing
    • Vacating 30-month sentence on conviction of knowingly receiving explicit images of a minor using facilities of interstate commerce, and remanding for resentencing.