October 6, 2022, opinions

Posted on by tadbartlett

Designated for publication

  • In the Matter of J.C. Penney Direct Marketing Services, L.L.C. (Klairmont Korners, L.L.C.), 22-40371, appeal from S.D. Tex.
    • per curiam (Higginbotham, Graves, Ho), bankruptcy
    • Affirming district court’s judgment accepting debtor’s decision under 11 U.S.C. § 365 to reject commercial lease (including sublease to appealing claimant) under the business judgment rule, and rejecting claimant’s argument that bad faith in a third party’s negotiations with the claimant tainted the decision to reject the lease and stripped it of business-judgment deference.
    • The Court rejected the application of a bad-faith rule to overcome the business judgment rule. “The long-standing purpose of allowing debtors to shed executory contracts is to afford trustees and assignees the opportunity to reject ‘“’property of an onerous or unprofitable character.’ The correct inquiry under the business judgment standard is whether the debtor’s decision regarding executory contracts benefits the debtor, not whether the decision harms third parties.” (Footnote omitted).

Unpublished

  • Chang v. U.S., 21-10652, appeal from N.D. Tex.
    • per curiam (Wiener, Elrod, Engelhardt), prisoner suit
    • Dismissing for lack of appellate jurisdiction appeal from magistrate order directing prisoner-plaintiff to pay filing fee for civil action.
  • U.S. v. Hunter, 21-20624, appeal from S.D. Tex.
    • per curiam (Stewart, Duncan, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Lee, 21-40928, appeal from S.D. Tex.
    • per curiam (Higginbotham, Graves, Ho), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Holmes, 21-50297, appeal from W.D. Tex.
    • per curiam (Stewart, Duncan, Wilson), criminal, compassionate release
    • Affirming denial of motion for compassionate release.
  • U.S. v. Ornelas, 21-51224, appeal from W.D. Tex.
    • per curiam (Barksdale, Higginson, Ho), criminal, sentencing
    • Affirming 255-month sentence on conviction of possession, with intent to distribute, 50 grams or more of methamphetamine.
  • Olmos-Tenorio v. Garland, 21-60166, petition for review of BIA order
    • per curiam (Graves, Willett, Engelhardt), immigration
    • Denying Salvadoran citizens’ petition for review of BIA order dismissing appeal of IJ denial of asylum and withholding of removal.
  • Martinez-Romero v. Garland, 21-60930, petition for review of BIA order
    • per curiam (Stewart, Duncan, Wilson), immigration
    • Dismissing in part and denying in part Honduran citizen’s petition for review of BIA order dismissing appeal of IJ denial of application for asylum, withholding of removal, and protection under the CAT.
  • U.S. v. Jackson, 22-10111, appeal from N.D. Tex.
    • per curiam (Stewart, Duncan, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Garcia, 22-10218, appeal from N.D. Tex.
    • per curiam (King, Higginbotham, Willett), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Marron, 22-10259, appeal from N.D. Tex.
    • per curiam (Stewart, Duncan, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Homer, 22-10262, appeal from N.D. Tex.
    • per curiam (Stewart, Duncan, Wilson), criminal
    • Granting summary affirmance of conviction of possession of a firearm by a felon.
  • U.S. v. Kinsey, 22-10418, appeal from N.D. Tex.
    • per curiam (Wiener, Elrod, Engelhardt), criminal, sentencing
    • Grating summary affirmance of conviction and 24-month sentence for revocation of supervised release.
  • U.S. v. Nichols, 22-10499, appeal from N.D. Tex.
    • per curiam (King, Higginson, Willett), criminal
    • Granting summary affirmance of conviction of being a felon in possession of a firearm.
  • U.S. v. St. John, 22-20174, appeal from S.D. Tex.
    • per curiam (Stewart, Duncan, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Powell, 22-50081, appeal from W.D. Tex.
    • per curiam (Jones, Southwick, Ho), criminal, sentencing
    • Affirming 51-month sentence on conviction of tax evasion.
  • U.S. v. Cruz, 22-50248, c/w 22-50264, appeal from W.D. Tex.
    • per curiam (Stewart, Duncan, Wilson), criminal, sentencing
    • Granting summary affirmance of conviction and sentence for illegal reentry.