May 13, 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Catching up on the blog after some non-stop over-drive briefing weeks, so both published and unpublished opinions will only contain summary disposition information and not the usual fuller descriptions.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

  • Owens v. Circassia Pharmaceuticals, Inc., 21-10760, appeal from N.D. Tex.
    • Engelhardt, J. (Willett, Engelhardt, Wilson), employment discrimination
    • Affirming summary judgment for employer in employment discrimination claim, holding that “Owens presents substantial evidence that could lead a reasonable trier of fact to conclude that Circassia’s justification for her termination is false. But she presents next to no evidence that Circassia was motivated in any way by discrimination or retaliation.”
  • U.S. v. Rodriguez, 21-20150, appeal from S.D. Tex.
    • Smith, J. (Davis, Smith, Engelhardt), criminal, search and seizure
    • Affirming conviction of being an illegal alien in possession of a firearm, upholding denial of motion to suppress as search was a legal protective sweep.
  • U.S. v. Castillo-Rubio, 21-50140, appeal from W.D. Tex.
    • Duncan, J. (King, Jones, Duncan), criminal, sentencing
    • Affirming convictions of three counts of conspiracy to import marijuana, cocaine, and heroin and three counts of conspiracy to possess with intent to distribute the same, and life sentence.

Unpublished

  • Rivers v. Lumpkin, 18-11490, appeal from N.D. Tex.
    • per curiam (Richman, Costa, Ho), habeas corpus, ineffective assistance of counsel
    • Affirming denial of habeas relief on petitioner’s IAC claim.
  • Yanez-Pena v. Garland, 19-60464, petition for review of BIA order
    • per curiam (Wiener, Graves, Willett), immigration
    • On remand from U.S. Supreme Court, granting petition for review of BIA order, vacating BIA decision, and remanding in light of Niz-Chavez v. Garland, 141 S. Ct. 1474,1485–86 (2021).
  • U.S. v. Gross, 20-10303, appeal from N.D. Tex.
    • per curiam (Jones, Southwick, Oldham), habeas corpus, ineffective assistance of counsel
    • Affirming denial of habeas relief on IAC grounds.
  • U.S. v. Vazquez-Tellez, 21-11067, appeal from N.D. Tex.
    • per curiam (Smith, Stewart, Graves), criminal, sentencing
    • Affirming conviction and 44-month sentence for illegal reentry.
  • Higgins v. Lumpkin, 21-20058, appeal from S.D. Tex.
    • per curiam (Barksdale, Willett, Duncan), prison suit
    • Affirming dismissal of prisoner’s suit based on allegations that his cell is too small.
  • U.S. v. Miller, 21-30432, appeal from W.D. La.
    • per curiam (King, Costa, Ho), criminal, search and seizure
    • Affirming conviction and 115-month sentence for possession with intent to distribute cocaine.
  • U.S. v. Ortega, 21-40737, appeal from E.D. Tex.
    • per curiam (Jolly, Willett, Engelhardt), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Torres, 21-50426, appeal from W.D. Tex.
    • per curiam (Southwick, Oldham, Wilson), criminal, sentencing
    • Affirming 168-month sentence on conviction of possession with intent to distribute 50 grams or more of actual methamphetamine.
  • U.S. v. Guerra, 21-50815, appeal from W.D. Tex.
    • per curiam (Davis, Jones, Elrod), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Salazar-Munoz, 21-51139, appeal from W.D. Tex.
    • per curiam (Higginbotham, Higginson, Duncan), criminal, sentencing
    • Affirming conviction and 46-month sentence for illegal reentry.
  • Realty Income Corp. v. Golden Palatka, L.L.C., 21-60567, appeal from S.D. Miss.
    • per curiam (Higginbotham, Dennis, Graves), breach of contract
    • Affirming district court’s judgment awarding damages against defendant in case arising from breach of lease.
  • U.S. v. Herrera, 21-60684, appeal from S.D. Miss.
    • per curiam (Jolly, Willett, Engelhardt), criminal, sentencing
    • Affirming 240-month sentence on conviction of possession with intent to distribute one kilogram or more of heroin.