May 11, 2022, opinions

Posted on by tadbartlett

Catching up on the blog after some non-stop over-drive briefing weeks, so both published and unpublished opinions will only contain summary disposition information and not the usual fuller descriptions.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

  • Badgerow v. Walters, 19-30766, appeal from E.D. La.
    • per curiam (Jolly, Graves, Duncan), arbitration
    • On remand from U.S. Supreme Court, reversing district court’s denial of motion to remand petition to confirm or vacate an arbitral award on the basis of a “look-through” to the underlying dispute, and remanding to the district court with instructions to remand to state court.
  • U.S. v. Aderinoye, 21-40220, appeal from E.D. Tex.
    • Costa, J. (Richman, Costa, Ho), criminal, sentencing
    • Affirming 240-month sentence after conviction of numerous counts of fraud, money laundering, and identify theft.

Unpublished

  • Pleasant v. Lumpkin, 19-20664, appeal from S.D. Tex.
    • per curiam (Willett, Engelhardt, Wilson), habeas corpus, ineffective assistance of counsel
    • Affirming in part, vacating in part, and remanding for further proceedings on petitioner’s 28 U.S.C. § 2254 petition challenging his convictions for attempted capital murder and for aggravated assault on a public servant.
  • Enriquez v. Lumpkin, 20-20554, appeal from S.D. Tex.
    • per curiam (Stewart, Haynes, Ho), habeas corpus
    • Dismissing for lack of jurisdiction appeal from order transferring § 2241 petition.
  • Roman v. Garland, 20-60844, petition for review of BIA order
    • per curiam (Barksdale, Costa, Engelhardt), immigration
    • Dismissing in part, 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.
  • Villalobos v. Garland, 20-61243, petition for review of BIA order
    • per curiam (Smith, Stewart, Graves), immigration
    • Denying Honduran citizen’s petition for review of BIA order dismissing their appeal of the denial of their application for asylum and withholding of removal.
  • U.S. v. Lucio, 21-10787, appeal from N.D. Tex.
    • per curiam (Southwick, Oldham, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Bradford Realty Servs., Inc. v. Hartford Fire Insurance Co., 21-11047, appeal from N.D. Tex.
    • per curiam (Willett, Engelhardt, Wilson), insurance
    • Affirming summary judgment in favor of insurer, interpreting “rain” and “water” to determine coverage excluded by rain exclusion and not covered by drain backup coverage.
  • U.S. v. Kemp, 21-11152, appeal from N.D. Tex.
    • per curiam (Southwick, Oldham, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Salas v. City of Galena Park, 21-20170, c/w Salas v. Knox, 21-20333, appeal from S.D. Tex.
    • per curiam (Higginbotham, Dennis, Graves), deliberate indifference
    • Affirming district court’s dismissal of suit against officer defendants as time-barred, arising from detainee’s suicide while officers watched Netflix and ate pizza instead of making their rounds; but reversing district court’s denial of leave to amend petition to state claims against City and remanding for further proceedings.
  • Leachman v. Gonzalez, 21-20499, appeal from S.D. Tex.
    • per curiam (Elrod, Oldham, Wilson), habeas corpus
    • Denying COA from district court’s dismissal of § 2241 petition challenging petitioner’s pending retrial for aggravated sexual assault of a child on the basis of prosecutorial vindictiveness, double jeopardy, and a speedy trial violation.
  • Baker v. Puckett, 21-40085, appeal from E.D. Tex.
    • per curiam (Smith, Higginson, Willett), prisoner suit
    • Dismissing as frivolous appeal from dismissal as untimely the prisoner plaintiff’s FCRA claim.
  • Hargrave v. AIM Directional Services, L.L.C., 21-40496, appeal from S.D. Tex.
    • per curiam (Richman, Costa, Ho), Fair Labor Standards Act
    • Affirming summary judgment in favor of defendant on FLSA claim on basis that plaintiff was an independent contractor.
  • U.S. v. Morales, 21-50383, appeal from W.D. Tex.
    • per curiam (Barksdale, Costa, Engelhardt), criminal, sentencing
    • Affirming 293-month sentence on conviction of conspiracy to possess, with intent to distribute, 50 grams or more of actual methamphetamine.
  • U.S. v. Thomas, 21-50663, appeal from W.D. Tex.
    • per curiam (Smith, Stewart, Graves), criminal, sentencing
    • Affirming conviction and sentence for conspiracy to possess with intent to distribute 50 grams or more of methamphetamine (“meth”), possession with intent to distribute 50 grams or more of meth, possession with intent to distribute fentanyl, possession of a firearm in furtherance of a drug-trafficking crime, and possession of a firearm as a felon.
  • OHT Hawk AS v. Offshore Heavy Transport AS, 21-60796, appeal from S.D. Miss.
    • per curiam (Higginbotham, Dennis, Graves), maritime law
    • Affirming denial of leave to file claim in limitation proceeding arising out of allision, where leave was sought 17 months after the court’s deadline for filing claims.