(Still in catch-up mode here, so the opinions designated for publication will get the same brief treatment as the unpublished opinions …)
Designated for publication
- U.S. v. Hamilton, 20-20645, appeal from S.D. Tex.
- Higginson, J. (Higginson, Willett, Ho), criminal, sentencing, sufficiency of evidence
- Affirming conviction of conspiracy to commit healthcare fraud, in violation of 18 U.S.C. § 1349; conspiracy to solicit and receive healthcare kickbacks, in violation of 18 U.S.C. § 371; and two counts of false statements relating to healthcare matters; 60-month sentence; and $9.5 million restitution order.
- Pickett v. Texas Tech University Health Sciences Center, 21-11087, appeal from N.D. Tex.
- Smith, J. (Smith, Wiener, Southwick), Americans with Disabilities Act, sovereign immunity, Fourteenth Amendment
- Affirming in part and reversing in part partial dismissal of plaintiff’s claims under the ADA, Rehabilitation Act, and Fourteenth Amendment Due Process Clause arising from dismissal from two graduate nursing programs; holding that plaintiff stated some Title II claims but not all of the claims that the district court declined to dismiss; holding that defendants were not entitled to sovereign immunity from the ADA claims at this stage of the proceedings; and dismissing the appeal as to the Due Process claims as not properly before the Court.
- Easom v. US Well Services, Inc., 21-20202, appeal from S.D. Tex.
- Stewart, J. (Stewart, Clement, Elrod), COVID-19
- Reversing summary denial of summary judgment regarding whether the Worker Adjustment and Retraining Notification Act’s (“WARN Act”) natural disaster exception is triggered by the COVID-19 pandemic and whether but-for or proximate causation is the appropriate standard under the WARN Act’s natural disaster exception; holding that the COVID-19 pandemic is not a natural disaster under the WARN Act and that the natural-disaster exception incorporates proximate causation.
- Bunner v. Dearborn National Life Insurance Co., 21-20327, appeal from S.D. Tex.
- Southwick, J. (Dennis, Southwick, Wilson), ERISA
- Affirming district court’s denial of claim for long-term disability benefits under ERISA.
- Zummer v. Sallet, 21-30219, appeal from E.D. La.
- Smith, J. (Smith, Elrod, Oldham), First Amendment, Civil Service Reform Act
- Affirming district court’s dismissal of FBI agent’s claims for reinstatement of his security clearance and his special agent job duties as outside its jurisdiction under the Civil Service Reform Act, and affirming dismissal of First Amendment claims against individual-capacity defendants arising from retaliation for exercise of free speech in seeking to publish details of district attorney’s wrongdoings that plaintiff learned while engaged in corruption investigation.
- Franklin v. Regions Bank, 21-30324, appeal from W.D. La.
- Duncan, J. (Wiener, Graves, Duncan), breach of contract
- Reversing dismissal of landowners’ breach of contract claims against bank when bank’s landman made a mistake in extending mineral lease as to property, and remanding for calculation of damages.
- U.S. v. Ramirez, 21-40557, appeal from S.D. Tex.
- Clement, J. (Clement, Graves, Costa), criminal, sentencing
- Vacating 37-month sentence on conviction of transporting an alien within the U.S., on plainly erroneous application of a sentencing enhancement for reckless endangerment while fleeing, and remanding for resentencing.
Unpublished
- U.S. v. Fierro-Alvarado, 20-10444, appeal from N.D. Tex.
- per curiam (Wiener, Dennis, Haynes), criminal, sentencing
- Vacating in part sentence on conviction of conspiracy to possess methamphetamine with intent to distribute, and remanding for amendment of written judgment to remove two terms for supervised release.
- Burch v. Freedom Mortgage Corp., 20-10651, appeal from N.D. Tex.
- per curiam (Stewart, Haynes, Ho), bankruptcy
- Dismissing as frivolous appeal from district court’s dismissal of bankruptcy appeal for failure to pay filing fee.
- U.S. v. Omale, 20-50129, appeal from W.D. Tex.
- per curiam (Southwick, Oldham, Wilson), criminal, sentencing
- Affirming 135-month sentence on conviction of conspiracy to commit money laundering.
- Herrera v. Garland, 20-60218, petition for review of BIA order
- per curiam (Smith, Stewart, Graves), immigration
- Denying Salvadoran citizens’ petition for review of BIA order dismissing their appeal from an order of the Immigration Judge (IJ) denying their applications for asylum and withholding of removal.
- Khakim v. Garland, 20-60611, petition for review of BIA order
- per curiam (Southwick, Oldham, Wilson), immigration
- Denying in part and dismissing in part brothers’ petition for review of BIA order dismissing their appeal from a decision of the Immigration Judge (IJ) concluding that they were not credible and were ineligible for asylum, withholding of removal, and relief under the Convention Against Torture.
- De Ayala v. Garland, 20-60866, petition for review of BIA order
- per curiam (Higginbotham, Higginson, Duncan), immigration
- Granting Salvadoran citizen’s petition for review of BIA order affirming the denial by an Immigration Judge (IJ) of her motion to reopen and to rescind in the absentia removal order entered against her, vacating BIA order, and remanding.
- Garcia-Turcios v. Garland, 20-61008, petition for review of BIA order
- per curiam (Higginbotham, Higginson, Duncan), immigration
- Granting Honduran citizen’s petition for review of BIA order affirming the denial by an immigration judge (IJ) of her motion to reopen and to rescind an in absentia removal order entered against her; vacating BIA order, and remanding.
- Adame v. Garland, 20-61181, petition for review of BIA order
- per curiam (Jones, Stewart, Duncan), immigration
- Denying in part and dismissing in part Mexican citizen’s petition for review of BIA order dismissing her appeal from the denial of her application for asylum, withholding of removal, and protection under the Convention Against Torture.
- Chan-Villanueva v. Garland, 20-61225, petition for review of BIA order
- per curiam (Wiener, Dennis, Haynes), immigration
- Denying Guatemalan citizen’s petition for review of BIA order affirming without opinion the immigration judge’s (IJ) order denying her application for asylum, withholding of removal, and relief under the CAT.
- Craaybeek v. Bristow, 21-10564, appeal from N.D. Tex.
- per curiam (Smith, Oldham, Wilson), prisoner suit
- Dismissing as frivolous appeal from dismissal of prisoner’s § 1983 claim.
- Aperia Solutions, Inc. v. EVance, Inc., 21-10683, appeal from N.D. Tex.
- Wiener, J. (Smith, Wiener, Southwick), breach of contract, jury verdict form
- Reversing denial of motion for new trial, and remanding, on holding that there was legal error in the jury verdict form.
- Jackson v. City of Dallas, 21-10888, appeal from N.D. Tex.
- per curiam (Clement, Graves, Costa), zoning, racial discrimination
- Affirming dismissal of claim that city’s zoning scheme was racially discriminatory.
- U.S. v. Dimas, 21-11172, appeal from N.D. Tex.
- per curiam (Southwick, Oldham, Wilson), criminal, sentencing
- Affirming conviction of possession of a forged security and 12-month sentence.
- Estrada v. Nehls, 21-20160, appeal from S.D. Tex.
- per curiam (King, Costa, Ho), prisoner suit
- Affirming dismissal of prisoner’s § 1983 suit.
- U.S. v. Garza, 21-20213, appeal from S.D. Tex.
- per curiam (Barksdale, Costa, Engelhardt), criminal
- Affirming conviction of theft concerning programs receiving federal funds.
- U.S. v. Vivia, 21-20268, appeal from S.D. Tex.
- per curiam (Higginbotham, Higginson, Duncan), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- Bridges v. The Methodist Hospital, 21-20311, appeal from S.D. Tex.
- per curiam (Jolly, Elrod, Haynes), Haynes, J., concurring in judgment only; COVID-19
- Affirming judgment dismissing plaintiff’s wrongful termination claim against hospital for termination for refusal to receive COVID-19 vaccine.
- Clearman v. Kochanowski, 21-20518, appeal from S.D. Tex.
- per curiam (Clement, Graves, Costa), attorneys’ fees
- Affirming $10 million attorneys’ fees award after settlement of class action.
- Simmons v. Jackson, 21-30141, appeal from E.D. La.
- per curiam (Smith, Oldham, Wilson), personal tort
- Dismissing as frivolous appeal from dismissal of suit arising from auto accident.
- U.S. v. Hernandez, 21-30299, appeal from M.D. La.
- per curiam (Smith, Stewart, Graves), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- U.S. v. Justin, 21-30370, appeal from E.D. La.
- per curiam (Wiener, Dennis, Haynes), criminal, sufficiency of evidence
- Affirming conviction of possession of a firearm by a felon.
- U.S. v. Davis, 21-30569, application for COA from M.D. La.
- per curiam (Smith, Higginson, Willett), habeas corpus
- Denying COA from dismissal of § 2255 petition as time-barred.
- U.S. v. Johnson, 21-30583, appeal from W.D. La.
- per curiam (Higginbotham, Higginson, Duncan), criminal, sentencing
- Affirming 120-month sentence on conviction of possessing a firearm after a felony conviction.
- U.S. v. Gater, 21-30602, appeal from W.D. La.
- per curiam (Barksdale, Costa, Engelhardt), criminal, sentencing
- Affirming 70-month sentence on conviction of possession of a firearm by a convicted felon.
- U.S. v. Kieffer, 21-30614, appeal from E.D. La.
- per curiam (Southwick, Oldham, Wilson), criminal
- Affirming district court’s denial of writ of mandamus to compel U.S. Attorney’s office to provide a copy of a FDIC certificate for defendant to use in supporting pending writ of certiorari to Supreme Court.
- State of Louisiana v. Becerra, 21-30734, appeal from W.D. La.
- per curiam (Jolly, Elrod, Haynes), COVID-19
- Vacating district court’s preliminary injunction of Department of Health mandate that participating facilities ensure their employees are vaccinated against COVID-19 to receive Medicare and Medicaid funds, and remanding for further proceedings.
- U.S. v. Lightfoot, 21-30779, application for COA from W.D. Tex.
- per curiam (Elrod, Oldham, Wilson), habeas corpus
- Denying COA from district court’s denial of § 2255 petition.
- U.S. v. Meza, 21-40031, appeal from E.D. Tex.
- per curiam (Higginbotham, Higginson, Duncan), criminal, compassionate release
- Affirming denial of motion for compassionate release.
- U.S. v. Galvez-Marroquin, 21-40188, appeal from S.D. Tex.
- per curiam (Davis, Jones, Elrod), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- U.S. v. Vento, 21-40357, appeal from S.D. Tex.
- per curiam (Barksdale, Costa, Engelhardt), criminal, sentencing
- Affirming 120-month sentence and conviction of conspiracy to transport and harbor aliens within the United States.
- U.S. v. Smith, 21-40390, appeal from E.D. Tex.
- per curiam (Higginbotham, Higginson, Duncan), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- U.S. v. Nava, 21-40906, appeal from S.D. Tex.
- per curiam (Smith, Stewart, Graves), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- U.S. v. Bazan-Arenas, 21-40927, appeal from S.D. Tex.
- per curiam (Higginbotham, Higginson, Duncan), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- Lumsden v. Lumpkin, 21-50188, appeal from W.D. Tex.
- per curiam (Wiener, Dennis, Haynes), prisoner suit
- Affirming dismissal of prisoner’s § 1983 claims.
- U.S. v. Marquardt, 21-50451, appeal from W.D. Tex.
- per curiam (Southwick, Oldham, Wilson), criminal, compassionate release
- Affirming denial of motion for compassionate release.
- U.S. v. Ledezma-Madrid, 21-50529, c/w 21-50531, appeal from W.D. Tex.
- per curiam (Southwick, Oldham, Wilson), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- U.S. v. Robles, 21-50666, appeal from W.D. Tex.
- per curiam (Smith, Stewart, Graves), criminal, sentencing
- Affirming 360-month sentence on conviction of conspiracy to possess with intent to distribute and to distribute 500 grams or more of methamphetamine.
- U.S. v. Trevino, 21-50854, appeal from W.D. Tex.
- per curiam (King, Costa, Ho), criminal, sentencing
- Affirming 46-month sentence on conviction of conspiring to transport illegal aliens and of transporting illegal aliens for financial gain.
- U.S. v. Padilla, 21-50978, appeal from W.D. Tex.
- per curiam (Southwick, Oldham, Wilson), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- U.S. v. Cortez, 21-50985, appeal from W.D. Tex.
- per curiam (King, Costa, Ho), criminal, sentencing
- Affirming 141-month sentence on conviction of possession with intent to distribute five grams or more of actual methamphetamine.
- U.S. v. Barajas-Salvador, 21-51095, c/w 21-51101, appeal from W.D. Tex.
- per curiam (Southwick, Oldham, Wilson), criminal, sentencing
- Affirming conviction and sentence for illegal reentry and revocation of supervised release.
- Lozano-Aguilar v. Garland, 21-60042, petition for review of BIA order
- per curiam (Southwick, Oldham, Wilson), immigration
- Denying in part and dismissing in part petition for review of BIA order dismissing petitioner’s appeal from a decision of the Immigration Judge (IJ) concluding that he was ineligible for asylum and withholding of removal.
- Alvarado v. Garland, 21-60440, petition for review of BIA order
- per curiam (Higginbotham, Higginson, Duncan), immigration
- Denying Salvadoran citizen’s petition for review of BIA order dismissing her appeal from a decision of the immigration judge (IJ) concluding that she was ineligible for asylum, withholding of removal, and protection under the CAT.
- U.S. v. Buckley, 21-60899, appeal from S.D. Miss.
- per curiam (Smith, Stewart, Graves), criminal
- Dismissing appeal on basis of appellate waiver in guilty plea.
- U.S. v. Davis, 22-10070, appeal from N.D. Tex.
- per curiam (Smith, Stewart, Graves), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- U.S. v. Bates, 22-40053, appeal from E.D. Tex.
- per curiam (Smith, Oldham, Wilson), criminal
- Dismissing appeal of interlocutory order denying motion to quash indictment, for lack of jurisdiction.
- U.S. v. Dupree, 22-60011, appeal from S.D. Miss.
- per curiam (Higginbotham, Higginson, Duncan), criminal, compassionate release
- Affirming denial of motion for compassionate release.
Take the Fifth 