September 8, 2022, opinions

Posted on by tadbartlett

Designated for publication

  • Craig v. Martin, 19-10013, appeal from N.D. Tex.
    • Richman, C.J. (Richman, Barksdale, Duncan), qualified immunity
    • Denying petition for rehearing en banc, withdrawing February 15, 2022, panel opinion and substituting new opinion, again reversing the denial of qualified immunity on the plaintiff’s excessive force claims and rendering judgment dismissing those claims, but expressing no opinion on unlawful arrest and bystander injury claims as they were not part of interlocutory appeal.

Unpublished

  • Cloyd v. KBR, Inc., 21-20676, appeal from S.D. Tex.
    • per curiam (Smith, Clement, Haynes), jurisdiction, personal tort
    • Finding district court had jurisdiction over plaintiffs’ claims against employer for personal injuries suffered during missile attack on base where they worked for private contractor, and affirming dismissal of state-law tort claims as preempted by the Defense Base Act.
  • U.S. v. DeJean, 21-30755, appeal from E.D. La.
    • per curiam (King, Higginson, Willett), criminal, guilty plea, sentencing
    • Affirming guilty-plea conviction of possessing with intent to distribute cocaine base, possessing a firearm during and in relation to a drug-trafficking crime, and possessing a firearm and ammunition after a felony conviction, and 190-month sentence.
  • U.S. v. Centeno, 21-40347, appeal from E.D. Tex.
    • per curiam (Smith, Dennis, Southwick), criminal, compassionate release
    • Affirming denial of motion for compassionate release.
  • U.S. v. Barrera-Telles, 22-10196, appeal from N.D. Tex.
    • per curiam (Smith, Dennis, Southwick), criminal, sentencing
    • Affirming 18-month sentence and 3-year term of supervised release for conviction of illegal reentry.
  • E.R. v. Jasso, 22-50017, appeal from W.D. Tex.
    • per curiam (Jones, Ho, Wilson), qualified immunity
    • Affirming denial of qualified immunity to officer for unlawful entry and search of residence.
  • U.S. v. Ramirez-Nery, 22-50022, appeal from W.D. Tex.
    • per curiam (King, Higginson, Willett), criminal, compassionate release
    • Dismissing as frivolous appeal from denial of motion for compassionate release.
  • U.S. v. Vargas, 22-50058, appeal from W.D. Tex.
    • per curiam (Smith, Dennis, Southwick), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.