Designated for publication
- U.S. v. Thompson, 21-60535, appeal from S.D. Miss.
- per curiam (Dennis, Elrod, Ho), criminal, sentencing, Armed Career Criminal Act
- Affirming 180-month sentence on guilty plea conviction of being a felon in possession of a firearm, upholding the application of the ACCA and rejecting arguments that prior Mississippi burglary convictions were not crimes of violence for ACCA purposes and that convictions as a juvenile should not count because the juvenile court never properly transferred jurisdiction to the circuit court.
- The Court first found that the record shows that the juvenile court had properly transferred jurisdiction to the circuit court. It then held that the Mississippi burglary of a dwelling statute was equivalent to the ACCA’s burglary provision, because a “dwelling house” under Mississippi law was subsumed within the “building or structure” under the ACCA.
Unpublished
- Watkins v. Statcher, 21-40711, appeal from E.D. Tex.
- per curiam (Barksdale, Higginson, Ho), Bivens claim
- Affirming dismissal of former federal prisoner’s Bivens claim.
- Tandong v. Garland, 21-60614, petition for review of BIA order
- per curiam (Richman, Dennis, Ho), immigration
- Denying Cameroonian 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.
- Ortiz v. Garland, 21-60667, petition for review of BIA order
- per curiam (Barksdale, Elrod, Haynes), immigration
- Dismissing Mexican citizen’s petition for review of BIA order denying motion to reopen and dismissing IJ’s denial of application for cancelation of removal.
- Burnice v. CoreCivic of Tennessee, L.L.C., 22-60183, appeal from N.D. Miss.
- per curiam (Richman, Dennis, Ho), Title VII, employment discrimination
- Affirming summary judgment dismissal of plaintiff’s Title VII and Mississippi statutory employment discrimination claims.
Take the Fifth 