January 10, 2023, opinions

Posted on by tadbartlett

Designated for publication

  • Rahman v. Exxon Mobil Corporation, 21-30669, appeal from M.D. La.
    • Clement, J. (Smith, Clement, Haynes), Haynes, J., dissenting; Title VII, employment discrimination
    • Affirming summary judgment dismissing plaintiff’s claims that he was not adequately trained for the testing that would determine if he would be retained or fired from Exxon’s polypropylene manufacturing facility because he was Black.
    • The Court first held, differently from the district court, that inadequate training could be an adverse action for Title VII purposes “if it was “if it has some effect on an employee’s status or benefits.” Here, the training program was directly tied to Exxon’s retention/firing decision.
    • The Court held, however, that “offering a plaintiff an equal opportunity to access the necessary components of the training program is enough to defeat an inadequate training allegation.” Based on the undisputed facts in the record, the Court held that there was no genuine dispute that the plaintiff had equal access to training resources during his training period as a similarly situated white trainee: “because his training–and more importantly, his opportunities–paralleled his classmate’s, his program necessarily couldn’t be inadequate.”
    • Judge Haynes dissented. While she agreed with the standard articulated by the majority, she disagreed with the conclusion, and would hold that “[p]roper application of the standard to the facts in this case … requires reversal.”

Unpublished

  • U.S. v. Armstrong, 21-30712, appeal from W.D. La.
    • per curiam (Jones, Haynes, Oldham), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Farish v. Lynx, 21-51223, appeal from W.D. Tex.
    • per curiam (Haynes, Engelhardt, Oldham), prisoner suit
    • Dismissing as frivolous appeal from dismissal of Texas state prisoner’s § 1983 suit.
  • U.S. v. Berry, 22-10170, appeal from N.D. Tex.
    • per curiam (Jones, Haynes, Oldham), criminal, sentencing
    • Affirming 168-month sentence on conviction of possession with the intent to distribute 50 grams or more of a mixture and substance containing a detectable amount of methamphetamine.
  • U.S. v. Cruz, 22-10341, appeal from N.D. Tex.
    • per curiam (Stewart, Duncan, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Baker, 22-10435, appeal from N.D. Tex.
    • per curiam (Jones, Haynes, Oldham), criminal
    • Affirming conviction for being a felon in possession of a firearm.
  • U.S. v. Hill, 22-10548, appeal from N.D. Tex.
    • per curiam (Stewart, Duncan, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Fraser, 22-10619, appeal from N.D. Tex.
    • per curiam (Jones, Haynes, Oldham), criminal, sentencing
    • Affirming conviction and sentence for being a felon in possession of a firearm.
  • U.S. v. Douglas, 22-20240, appeal from S.D. Tex.
    • per curiam (Jones, Haynes, Oldham), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Hall, 22-30113, appeal from W.D. La.
    • per curiam (Smith, Southwick, Douglas), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Denton, 22-40020, appeal from E.D. Tex.
    • per curiam (Wiener, Elrod, Engelhardt), criminal, sentencing
    • Affirming 240-month sentence and conviction of distribution of child pornography, receipt of child pornography, and possession of child pornography involving a prepubescent minor.
  • U.S. v. Serrato-Medrano, 22-40486, appeal from S.D. Tex.
    • per curiam (Smith, Southwick, Douglas), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Flores, 22-50125, appeal from W.D. Tex.
    • per curiam (Smith, Southwick, Douglas), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Crigger, 22-50140, appeal from W.D. Tex.
    • per curiam (Jones, Haynes, Oldham), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Escobedo-Duenas, 22-50186, c/w 22-50187, appeal from W.D. Tex.
    • per curiam (Jones, Haynes, Oldham), criminal, sentencing
    • Affirming conviction and sentence for illegal reentry and revocation of supervised release.
  • Mejia-Garcia v. Garland, 22-60164, petition for review of BIA order
    • per curiam (Barksdale, Elrod, Haynes), immigration
    • Dismissing in part and denying in part Honduran citizen’s petition for review of BIA order dismissing her appeal from the Immigration Judge’s (IJ) denying withholding of removal and protection under the Convention Against Torture.
  • U.S. v. Weeden, 22-60303, appeal from S.D. Miss.
    • per curiam (Jones, Haynes, Oldham), criminal, compassionate release
    • Affirming denial of motion for compassionate release.