November 11, 2022, opinions

Posted on by tadbartlett

Designated for publications

  • U.S. v. Seekins, 21-10556, appeal from N.D. Tex.
    • per curiam (Richman, Jones, Smith, Stewart, Dennis, Elrod, Southwick, Haynes, Graves, Higginson, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson), Ho, J., dissenting from denial of rehearing (joined by Smith, Engelhardt, JJ.); criminal, Commerce Clause
    • Denying rehearing en banc of a panel decision affirming conviction for being a felon in possession of a firearm, where a homeless man with prior felony convictions was arrested for possessing two shotgun shells he had fished out of a dumpster. Nine members voted against rehearing (Richman, Stewart, Dennis, Elrod, Southwick, Haynes, Graves, Higginson, Wilson), and seven voted for (Jones, Smith, Willett, Ho, Duncan, Engelhardt, Oldham).
    • Judge Ho dissented from the denial of rehearing. He would have reheard the case en banc to reconsider the Circuit precedent that bound the panel, opining that the precedent allowed for results that stretched beyond the boundaries of the Commerce Clause.
  • U.S. v. Prado, 22-40207, appeal from S.D. Tex.
    • Higginson, J. (Higginbotham, Southwick, Higginson), criminal, sentencing
    • Vacating special condition of supervised release that defendant be required to take all prescribed mental health medications, holding that sentencing judge’s general discussion about defendant’s mental health and the importance of his taking his medications was not sufficient to orally pronounce that supervision term.
  • U.S. v. Flores, 22-40448, appeal from E.D. Tex.
    • per curiam (Stewart, Willett, Oldham), criminal, pretrial detention
    • Affirming defendant’s order of pretrial detention, finding district court did not abuse its discretion in analyzing factors of dangerousness, personal characteristics, and flight risk.

Unpublished

  • Moore v. Burlington Northern Santa Fe Railway Co., 21-20103, appeal from S.D. Tex.
    • per curiam (Richman, Clement, Engelhardt), Americans with Disabilities Act
    • Affirming summary judgment dismissal of plaintiff’s claim that he was terminated in violation of the ADA due to his cancer diagnosis.
  • Sealed Petitioner v. Sealed Respondent, 21-60612, petition for review of BIA order
    • per curiam (Stewart, Duncan, Wilson), immigration
    • Denying Mexican citizen’s petition for review of BIA order dismissing appeal of IJ’s order denying protection under the CAT.
  • Reyes v. Garland, 21-60926, petition for review of BIA order
    • per curiam (Higginbotham, Graves, Ho), immigration
    • Denying Honduran citizen’s petition for review of BIA order upholding IJ’s denial of application for withholding of removal.
  • U.S. v. Tout-Puissant, 22-10403, appeal from N.D. Tex.
    • per curiam (Higginbotham, Graves, Ho), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Orellana-Hernandez, 22-40058, appeal from E.D. Tex.
    • per curiam (Stewart, Duncan, Wilson), criminal, sentencing
    • Affirming 100-month sentence on conviction of two counts of use of interstate commerce facilities in the commission of murder-for-hire, one count of tampering with a witness by intimidation and threats and aiding and abetting, and one count of conspiracy to commit witness tampering.
  • U.S. v. Melancon, 22-50172, appeal from W.D. Tex.
    • per curiam (King, Higginson, Willett), criminal, sentencing
    • Affirming 300-month sentence on conviction of firearm and drug trafficking charges.
  • U.S. v. Munoz-Guerrero, 22-50572, appeal from W.D. Tex.
    • per curiam (Higginbotham, Graves, Ho), criminal, sentencing
    • Affirming conviction and sentence for illegal reentry.
  • Espinoza v. Garland, 22-60077, petition for review of BIA order
    • per curiam (Higginbotham, Graves, Ho), immigration
    • Dismissing Mexican citizen’s petition for review of BIA order denying motion to reopen removal proceedings.
  • Barbee v. Collier, 22-70011, appeal from S.D. Tex.
    • per curiam (Dennis, Elrod, Willett), prisoner suit, injunction
    • Vacating as overbroad injunction ordering Defendants to enact a policy protecting all inmates’ religious rights during capital punishment executions.