December 28-30, 2022, opinions

Posted on by tadbartlett

Designated for publication

  • In re: Grand Jury Subpoena, 21-30705, appeal from E.D. La.
    • Southwick, J. (Higginbotham, Southwick, Higginson), appellate jurisdiction
    • Dismissing appeal from denial of motion to quash grand jury subpoenas and compelling compliance with a grand jury subpoena.
    • The Court held that “[t]here is no jurisdiction for appeals challenging a grand jury subpoena for production of documents unless (1) the appellant has been held in contempt, or (2) a client-intervenor asserts that documents in the possession of a subpoenaed, disinterested third party are protected by attorney-client privilege.” Where neither exception applied in this case, the Court dismissed the appeal.

Unpublished

  • Bey v. Dominguez, 21-10081, appeal from N.D. Tex.
    • per curiam (Davis, Smith, Dennis), § 1983
    • Affirming dismissal of § 1983 claims.
  • Forbis v. Exeter Finance, L.L.C., 22-10193, appeal from N.D. Tex.
    • per curiam (Graves, Willett, Engelhardt), Graves, J., dissenting; Title VII, employment discrimination
    • Affirming denial of motion for additional discovery under Rule 56(d) and grant of summary judgment dismissing retaliation and disparate treatment claims.
    • Judge Graves dissented, and would have vacated and remanded for further discovery.
  • U.S. v. Puentes, 22-10331, appeal from N.D. Tex.
    • per curiam (Higginbotham, Graves, Ho), criminal, compassionate release
    • Affirming denial of motion for compassionate release.
  • U.S. v. Brick, 22-10567, appeal from N.D. Tex.
    • per curiam (Stewart, Duncan, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Fields, 22-10843, appeal from N.D. Tex.
    • per curiam (Stewart, Dennis, Willett), criminal, First Step Act
    • Dismissing as frivolous appeal from denial of motion for sentence reduction under the First Step Act.
  • U.S. v. Amaro-Lopez, 22-10871, appeal from N.D. Tex.
    • per curiam (Elrod, Willett, Ho), criminal, compassionate release
    • Dismissing as frivolous appeal from denial of motion for compassionate release.
  • Marcelle v. Moore-Lavigne, 22-30493, appeal from M.D. La.
    • per curiam (Davis, Duncan, Engelhardt), interpleader, insurance
    • Dismissing for lack of appellate jurisdiction appeal from order granting summary judgment in favor of one co-defendant in interpleader action brought by insurer.
  • U.S. v. Smith, 22-40164, appeal from E.D. Tex.
    • per curiam (Stewart, Dennis, Willett), criminal, compassionate release
    • Dismissing as frivolous appeal from denial of motion for compassionate release.
  • U.S. v. Villarreal-Gonzalez, 22-40372, appeal from S.D. Tex.
    • per curiam (Smith, Dennis, Southwick), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Hernandez v. El Pasoans Fighting Hunger, 22-50240, appeal from W.D. Tex.
    • per curiam (King, Stewart, Haynes), Haynes, J., concurring in judgment only; Americans with Disabilities Act
    • Affirming in part, reversing in part, and remanding from judgment dismissing pro se ADA claims against food bank brought with regard to plaintiff’s inability to wear face covering for medical reasons.
  • U.S. v. Calderon-Gonzalez, 22-50396, appeal from W.D. Tex.
    • per curiam (Stewart, Duncan, Wilson), criminal, sentencing
    • Affirming 27-month sentence on conviction of illegal reentry.
  • U.S. v. Bonilla-Pineda, 22-50623, appeal from W.D. Tex.
    • per curiam (Higginbotham, Graves, Ho), criminal, sentencing
    • Affirming conviction and sentence for illegal reentry.
  • Olvera-Amezcua v. Garland, 22-60107, petition for review of BIA order
    • per curiam (Jones, Stewart, Haynes), immigration
    • Denying in part and dismissing in part Mexican citizen’s petition for review of BIA order dismissing his appeal from a decision of an Immigration Judge (IJ) denying him asylum, withholding of removal, and adjustment of status.