Playing catch-up from traveling and holidays, so the “designated for publication” summaries will be briefer than usual, but feel free, as always, to click through to the opinions that may interest you.
Designated for publication
- U.S. v. Navarro, 19-50662, appeal from W.D. Tex.
- Smith, J. (Smith, Barksdale, Haynes), criminal
- Vacating conviction for failure to register as a sex offender on basis that guilty pleain 2019 was insufficient because, in 2019, defendant did not have the obligation under the Sex Offender Registration and Notification Act to register as a sex offender.
- Cleartrac, L.L.C. v. Lanrick Contractors, L.L.C., 20-30072, c/w 20-30076, appeal from E.D. La.
- Dennis, J. (Dennis, Higginson, Willett), diversity jurisdiction
- Vacating district court’s res judicata dismissal of suit to enforce Texas state court judgment, and remanding with instruction to dismiss for lack of diversity jurisdiction.
- Bey v. Prator, 21-30489, appeal from W.D. La.
- per curiam (Smith, Barksdale, Haynes), § 1983, recusal
- Affirming summary judgment dismissal of claims by plaintiffs identifying as Moorish Americans arising from their arrest after refusing to go through security screening at courthouse or leaving the courthouse, and affirming denial of motion to recuse.
- Seville v. Maersk Line, Ltd., 21-30636, appeal from E.D. La.
- Oldham, J. (Jones, Southwick, Oldham), Jones Act, personal jurisdiction, venue
- Affirming dismissal of Jones Act suit for lack of personal jurisdiction, and affirming denial of motion to transfer venue.
- Earl v. The Boeing Co., 21-40720, appeal from E.D. Tex.
- Oldham, J. (Smith, Duncan, Oldham), standing, class action
- On appeal from class certification of fraud claims arising from allegations of safety defects in Boeing 737 MAX 8 aircraft, reversing and remanding with instructions to dismiss for lack of Article III standing where “plaintiffs have not plausibly alleged that any class member suffered either physical or economic injury from Boeing’s and Southwest’s alleged fraud.
- Devillier v. Texas, 21-40750, appeal from S.D. Tex.
- per curiam (Higginbotham, Southwick, Higginson), taking, jurisdiction
- Vacating district court’s decision that plaintiffs’ federal Taking Clause claim against the State may proceed in federal court, on holding that “the Fifth Amendment Takings Clause as applied to the states through the Fourteenth Amendment does not provide a right of action for takings claims against a state,” and remanding with instructions to return the case to state court.
- U.S. v. Barcenas-Rumualdo, 21-50795, appeal from W.D. Tex.
- Willett, J. (Graves, Willett, Engelhardt), criminal, sentencing, Equal Protection
- Affirming conviction for illegal reentry, rejecting defendant’s Equal Protection Clause arguments, and affirming 30-month sentence, but vacating supervised-release term and remanding for reconsideration of that portion of sentence due to district court’s abuse of discretion in considering the appeal clock in determining the appropriate term of supervised release.
- Amberson v. McAllen, 21-50960, appeal from W.D. Tex.
- Southwick, J. (Jones, Southwick, Oldham); Jones, J., concurring; Oldham, J., concurring in judgment; arbitration
- Affirming judgment confirming arbitration award, and affirming that counter-claim was subject to arbitration after determining that the arbitrability of the counter-claim was still subject to review on appeal of the motion to confirm.
- Judge Jones concurred “with much of what [Judge Southwick] has written. In particular, I agree that pre-arbitration mandamus in state court was not the sole vehicle by which Amberson could challenge the existence and scope of the parties’ arbitration agreements.”
- Judge Oldham concurred in the judgment to confirm the arbitration award, though he disagreed with a portion of the majority opinion.
- National Horsemen’s Benevolent and Protective Association v. Texas, 22-10387, appeal from N.D. Tex.
- Duncan, J. (King, Duncan, Engelhardt), non-delegation, Horseracing Integrity and Safety Act
- Reversing district court’s judgment that HISA was facially constitutional, holding that the private-entity Horseracing Integrity and Safety Authority was unconstitutionally delegated powers that should have been held by the Federal Trade Commission. “For good reason, the Constitution vests federal power only in the three branches of the federal government. Congress defies this basic safeguard by vesting government power in a private entity not accountable to the people. That is what it has done in HISA. The Authority’s power outstrips any private delegation the Supreme Court or our court has allowed. We must therefore declare HISA facially unconstitutional.”
- U.S. v. Rollins, 22-30359, appeal from E.D. La.
- Smith, J. (Smith, Barksdale, Haynes), First Step Act, criminal
- Affirming denial of motion for compassionate release under the First Step Act.
- U.S. v. Handlon, 22-50075, appeal from W.D. Tex.
- Higginson, J. (Higginbotham, Southwick, Higginson), criminal, compassionate release
- Vacating district court’s denial of third motion for compassionate release for failure to provide a sufficient factual basis for that denial, and remanding for further proceedings.
Unpublished
- Burch v. Chase Bank of Texas, N.A., 21-10054, appeal from N.D. Tex.
- per curiam (Higginbotham, Duncan, Wilson), bankruptcy
- Dismissing as frivolous appeal from district court’s order denying motion to reopen appeal from denial of 60(b) motion.
- Edwards v. Harris County, 21-20360, appeal from S.D. Tex.
- per curiam (Smith, Dennis, Southwick), prisoner suit
- Dismissing as frivolous appeal from dismissal of prisoner’s § 1983 action.
- U.S. v. Harper, 21-30742, appeal from W.D. La.
- per curiam (Davis, Duncan, Engelhardt), criminal, compassionate release
- Affirming denial of motion for compassionate release.
- U.S. v. Griffin, 21-50294, appeal from W.D. Tex.
- per curiam (Higginbotham, Higginson, Oldham), Oldham, J., dissenting; criminal, sentencing
- Remanding sentence to the district court to amend written judgment’s discretionary conditions of supervised release to comport with the orally pronounced conditions.
- Although the opinion was denominated as a “per curiam” decision, Judge Oldham dissented. “For reasons I cannot understand, our post-Diggles precedents generally prioritize spoken words over written ones. Today’s case is just the latest example. The majority directs a victory for the defendant and orders the unpronounced supervised-release conditions stricken from his judgment. That conflicts with the rule—applicable in all, or virtually all, other legal contexts—that the written judgment governs the parties’ rights and obligations. And it bizarrely pairs a substantive remedy (a directed victory for the defendant) with a procedural violation (failure to say something correctly at sentencing).”
- U.S. v. Johnson, 21-51150, appeal from W.D. Tex.
- per curiam (Richman, Elrod, Oldham), criminal, sentencing
- Vacating 110-month sentence for possession of a stolen firearm, and remanding for a new sentencing hearing.
- Sanchez v. Galvan, 21-51165, appeal from W.D. Tex.
- per curiam (Higginbotham, Duncan, Wilson), prisoner suit
- Dismissing as frivolous appeal from dismissal of prisoner’s § 1983 claims.
- Delgadillo-De Avila v. Garland, 21-60452, petition for review of BIA order
- per curiam (Higginbotham, Graves, Ho), immigration
- Denying in part and dismissing in part Mexican citizen’s petition for review of BIA order dismissing appeal from final removal order by an IJ.
- Gonzalez v. Garland, 21-60521, petition for review of BIA order
- per curiam (King, Higginson, Willett), immigration
- Denying Mexican citizen’s petition for review of a decision of an Immigration Judge (IJ) affirming an Asylum Officer’s (AO’s) determination that he lacked a reasonable fear of persecution or torture.
- Preet v. Garland, 21-60797, petition for review of BIA order
- per curiam (Jones, Haynes, Oldham), immigration
- Denying Indian citizen’s petition for review of BIA order dismissing appeal of IJ’s denial of application for asylum, withholding of removal, and relief under the CAT.
- U.S. v. Lawrence, 21-60865, appeal from S.D. Miss.
- per curiam (Jones, Haynes, Oldham), criminal, compassionate release
- Affirming denial of motion for compassionate release.
- Amegy Bank of Texas v. CGI Franchise Systems, Inc., 22-10190, appeal from N.D. Tex.
- per curiam (Stewart, Duncan, Wilson), interpleader
- Affirming district court’s judgment in interpleader action as to ownership of interpleaded funds.
- U.S. v. Maloy, 22-10231, appeal from N.D. Tex.
- per curiam (Wiener, Elrod, Engelhardt), criminal, sentencing
- Affirming conviction and 168-month sentence for possession with intent to distribute a mixture and substance containing methamphetamine.
- U.S. v. Loya-Palma, 22-10256, appeal from N.D. Tex.
- per curiam (King, Higginson, Willett), criminal, sentencing
- Affirming 56-month sentence on conviction of illegal reentry.
- Wekesa v. U.S. Attorney, 22-10260, appeal from N.D. Tex.
- Southwick, J. (Smith, Dennis, Southwick), Dennis, J., dissenting; habeas corpus
- Affirming dismissal of petitioner’s § 2241 petition.
- Judge Dennis dissented, and would hold that a two-and-a-half-year detention without a bond hearing violates the Fifth Amendment’s guarantee of due process.
- U.S. v. Tolbert, 22-10376, appeal from N.D. Tex.
- per curiam (King, Jones, Smith), criminal, sentencing
- Dismissing as frivolous appeal from 204-month sentence on guilty-plea conviction of ten counts of bank robbery and one firearm count.
- U.S. v. Bustos, 22-10459, appeal from N.D. Tex.
- per curiam (Jolly, Jones, Ho), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- U.S. v. Cato, 22-10476, appeal from N.D. Tex.
- per curiam (Stewart, Duncan, Wilson), criminal, sentencing
- Affirming revocation of supervised release and 90-day sentence.
- U.S. v. Thomason, 22-10518, appeal from N.D. Tex.
- per curiam (King, Higginson, Willett), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- Phillips v. Cero’s L.L.C., 22-10617, appeal from N.D. Tex.
- per curiam (Stewart, Duncan, Wilson), personal tort
- Affirming dismissal of slip-and-fall claims.
- U.S. v. Finley, 22-10663, appeal from N.D. Tex.
- per curiam (Jones, Haynes, Oldham), criminal, compassionate release
- Affirming denial of motion for compassionate release.
- Cormier v. McDonough, 22-20083, appeal from S.D. Tex.
- per curiam (Smith, Barksdale, Haynes), employment discrimination
- Affirming summary judgment dismissal of employment discrimination claims.
- U.S. v. Taylor, 22-20164, appeal from S.D. Tex.
- per curiam (Higginbotham, Graves, Ho), criminal, compassionate release
- Affirming denial of motion for compassionate release.
- U.S. v. Lyons, 22-20175, appeal from S.D. Tex.
- per curiam (Jolly, Jones, Ho), criminal
- Granting Anders motion for withdrawal, and dismissing appeal.
- In re: Phillips, 22-20578, on petition for mandamus to S.D. Tex.
- per curiam (Haynes, Engelhardt, Oldham), mandamus, contempt
- Vacating civil contempt order and remanding for further proceedings.
- Barnes v. Vannoy, 22-30122, appeal from M.D. La.
- per curiam (Elrod, Graves, Ho), prisoner suit
- Dismissing as frivolous appeal from denial of motion to proceed IFP.
- U.S. v. Conner, 22-30149, appeal from W.D. La.
- per curiam (King, Jones, Smith), criminal, compassionate release
- Dismissing as frivolous appeal from denial of motion for compassionate release.
- U.S. v. Randall, 22-30293, appeal from W.D. La.
- per curiam (King, Higginson, Willett), criminal, compassionate release
- Affirming denial of motion for compassionate release.
- Louisiana v. Horseracing Integrity and Safety Authority, Inc., 22-30458, appeal from W.D. La.
- per curiam (King, Duncan, Engelhardt), non-delegation
- Remanding challenge to FTC rules promulgated under Horseracing Integrity and Safety Act in light of ruling in separate challenge that HISA is facially unconstitutional, and remanding for further proceedings.
- U.S. v. Arreola, 22-40079, appeal from E.D. Tex.
- per curiam (Higginbotham, Graves, Ho), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- U.S. v. Vela, 22-40090, appeal from S.D. Tex.
- per curiam (Davis, Smith, Dennis), criminal, sentencing
- Affirming 87-month sentence on conviction of conspiracy to commit health care fraud.
- U.S. v. Cantu, 22-40439, appeal from S.D. Tex.
- per curiam (Higginbotham, Graves, Ho), criminal, compassionate release
- Affirming denial of motion for compassionate release.
- U.S. v. Lazarin, 22-50050, appeal from W.D. Tex.
- per curiam (Davis, Smith, Dennis), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- U.S. v. Briceno-Romero, 22-50108, appeal from W.D. Tex.
- per curiam (Wiener, Elrod, Engelhardt), criminal, sentencing
- Affirming 113-month sentence on guilty-plea conviction for conspiracy to commit fraud in connection with access devices, conspiracy to commit mail fraud, aiding and abetting use of unauthorized access devices, aiding and abetting with intent to use five or more identification documents, and aiding and abetting aggravated identity theft.
- Teague v. Williamson County, 22-50202, appeal from W.D. Tex.
- per curiam (Higginbotham, Graves, Ho), Title VII
- Affirming summary judgment dismissal of Title VII claims.
- U.S. v. Conde-Herrera, 22-50210, c/w 22-50211, appeal from W.D. Tex.
- per curiam (Higginbotham, Graves, Ho), criminal, sentencing
- Affirming conviction and 63-month sentence on conviction of illegal reentry and revocation of supervised release.
- U.S. v. Zavala, 22-50318, appeal from W.D. Tex.
- per curiam (Stewart, Dennis, Willett), habeas corpus
- Denying COA from dismissal of petitioner’s § 2255 petition.
- U.S. v. Beltran-Castillo, 22-50394, appeal from W.D. Tex.
- per curiam (Wiener, Elrod, Engelhardt), criminal, sentencing
- Affirming conviction and sentence for illegal reentry.
- U.S. v. Martin-Andres, 22-50498, appeal from W.D. Tex.
- per curiam (Jolly, Jones, Ho), criminal, sentencing
- Affirming 46-month sentence on conviction of illegal reentry.
- Pfau v. Yellen, 22-50542, appeal from W.D. Tex.
- per curiam (Davis, Duncan, Engelhardt), Title VII, Age Discrimination in Employment Act
- Affirming Rule 50(a) judgment as a matter of law dismissing Title VII and ADEA claims.
- Ali v. Garland, 22-60031, petition for review of BIA order
- per curiam (Smith, Dennis, Southwick), immigration
- Denying in part and dismissing in part Pakistani citizen’s petition for review of BIA order denying motion to reopen removal proceedings.
- Flores-Esparza v. Garland, 22-60041, 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 reconsider.
- Chen v. Garland, 22-60082, petition for review of BIA order
- per curiam (Higginbotham, Graves, Ho), immigration
- Denying in part and dismissing in part Chinese citizen’s petition for review of BIA order dismissing appeal of IJ’s denial of application for asylum, withholding of removal, and protection under the CAT.
- Barbee v. Collier, 22-70012, appeal from S.D. Tex.
- per curiam (Dennis, Elrod, Willett), Dennis, J., concurring; Elrod, J., concurring; preliminary injunction, prisoner suit
- Vacating preliminary injunction ordering Texas state defendants to adopt a written policy governing executions, and remanding for further proceedings.
- Although the opinion was denominated as “per curiam,” Judge Dennis separately concurred to specify the type of narrow injunctive relief that the district court could order.
- Although the opinion was denominated as “per curiam,” Judge Elrod also separately concurred to explain the type of findings that would be necessary to justify the narrow type of relief outlined in Judge Dennis’s concurrence.
Take the Fifth 