Designated for publication
- Roberts v. Wal-Mart Louisiana, L.L.C., 22-30067, appeal from W.D. La.
- per curiam (Higginbotham, Duncan, Engelhardt), Rule 60, recusal
- Affirming denial of Rule 60 motion filed for reconsideration of judgment dismissing claims arising from arrest and incarceration, which motion was filed after the clerk of court notified the parties years after the judgment that the presiding judge had owned stock in one of the defendants and should have recused herself.
- The Court held that the failure to recuse did not automatically render the judgment void. The Court then held there was no abuse of discretion in the district court’s determination that the failure to recuse was harmless error.
Unpublished
- Kimble v. Lopinto, 20-30524, appeal from E.D. La.
- per curiam (Higginbotham, Duncan, Engelhardt), prisoner suit
- Affirming dismissal of pretrial detainee’s equal protection and due process claims as frivolous.
- U.S. v. Guzman, 20-51001, appeal from W.D. Tex.
- per curiam (Higginbotham, Duncan, Engelhardt), criminal, First Step Act
- Remanding denial of motion for sentence reduction under the First Step Act, with instructions for district court to explain its reasons for denial.
- U.S. v. Lujan-Gallardo, 21-51046, appeal from W.D. Tex.
- per curiam (King, Higginson, Willett), criminal, sentencing
- Affirming sentence on conviction of importation of five kilograms or more of cocaine and possession with intent to distribute five kilograms or more of cocaine, upholding district court’s finding that defendant was not entitled to application of the safety-valve reduction.
- U.S. v. Collins, 21-51200, appeal from W.D. Tex.
- per curiam (King, Stewart, Haynes), criminal, sentencing
- Affirming 188-month sentence on conviction of possession of cocaine base with intent to distribute and possession of a firearm in furtherance of a drug trafficking crime.
- Martinez v. Garland, 21-60033, petition for review of BIA order
- per curiam (Higginbotham, Duncan, Engelhardt), immigration
- Denying Mexican citizens’ petition for review of BIA order dismissing appeal of IJ denial of their application for asylum, withholding of removal, and protection under the CAT.
- Garcia v. Garland, 21-60934, petition for review of BIA order
- per curiam (Wiener, Elrod, Engelhardt), immigration
- Dismissing Mexican citizen’s petition for review of BIA order dismissing appeal of IJ’s denial of cancellation of removal.
- U.S. v. Gonzalez, 22-10324, appeal from N.D. Tex.
- per curiam (Davis, Duncan, Engelhardt), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- U.S. v. Salazar-Sanchez, 22-10463, appeal from N.D. Tex.
- per curiam (Smith, Dennis, Southwick), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- U.S. v. Berrun-Torres, 22-10645, appeal from N.D. Tex.
- per curiam (Smith, Dennis, Southwick), criminal, sentencing
- Affirming conviction and sentence for illegal reentry.
- U.S. v. Pharms, 22-20165, appeal from S.D. Tex.
- per curiam (Stewart, Duncan, Wilson), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- Paulin v. Mayorkas, 22-30285, appeal from E.D. La.
- per curiam (Dennis, Elrod, Ho), Title VII
- Affirming summary judgment dismissal of Title VII claims.
- U.S. v. Rice, 22-50070, appeal from W.D. Tex.
- Higginson, J. (Wiener, Higginson, Wilson), criminal, sentencing
- Affirming 60-month sentence on conviction of conspiracy to commit wire fraud.
- Lewis v. Panola County, 22-60123, appeal from N.D. Miss.
- per curiam (Higginbotham, Duncan, Engelhardt), First Amendment
- Affirming summary judgment dismissal of First Amendment retaliation claim.
- Tate v. Total Foot Care, 22-60143, appeal from S.D. Miss.
- per curiam (Wiener, Higginson, Wilson), sufficiency of evidence
- Affirming judgment in favor of plaintiff on jury verdict, holding that evidence in support of the verdict was not insufficient.
Take the Fifth 