February 14, 2023, opinions

Posted on by tadbartlett

Designated for publication

  • Taylor v. Leblanc, 21-30625, appeal from M.D. La.
    • Ho, J. (Graves, Ho, Duncan), qualified immunity
    • Reversing denial of qualified immunity to Secretary of Louisiana Department of Public Safety and Corrections on claims arising from the detention of inmates past the end of their sentences.
    • The Court held that, while the detention of inmates past the end of their sentences violates a clearly established right, the plaintiff failed to adequately brief–and therefore forfeited–the argument that the Secretary’s conduct was objectively unreasonable in light of that clearly established right.
  • In re: Toronto Dominion Bank, 22-20648, c/w 23-20033, on petitions for writ of mandamus to S.D. Tex.
    • per curiam (Higginbotham, Duncan, Wilson), mandamus
    • Denying writs of mandamus on merits issues, sought on the eve of trial in the latest round of the nearly decade and a half of litigation arising from the Stanford Ponzi scheme.
    • The Court observed, “The four most powerful words from the lips of a United States District Judge are simply ‘Call your first witness,’ and the veteran presiding judge will so state in a few short days.”

Unpublished

  • U.S. v. Pina, 21-50983, appeal from W.D. Tex.
    • per curiam (Higginbotham, Jones, Oldham), criminal, compassionate release
    • Affirming denial of motion for compassionate release.
  • Clyce v. Farley, 22-10294, appeal from N.D. Tex.
    • per curiam (Barksdale, Higginson, Ho), prisoner suit
    • Affirming dismissal of claims arising from juvenile detention.
  • U.S. v. Jalloul, 22-10455, appeal from N.D. Tex.
    • per curiam (Davis, Duncan, Engelhardt), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Peralta-Barrios, 22-10542, appeal from N.D. Tex.
    • per curiam (Higginbotham, Graves, Ho), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Villarreal, 22-10653, appeal from N.D. Tex.
    • per curiam (Smith, Southwick, Douglas), criminal
    • Affirming conviction for revocation of supervised release.
  • U.S. v. Villalba-Gonzalez, 22-50147, appeal from W.D. Tex.
    • per curiam (King, Higginson, Willett), criminal, sentencing
    • Affirming 168-month sentence on conviction of conspiracy to possess a mixture containing a detectable amount of methamphetamine.
  • U.S. v. Garcia, 22-50426, appeal from W.D. Tex.
    • per curiam (Smith, Southwick, Douglas), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Camargo-Garcia, 22-50577, appeal from W.D. Tex.
    • per curiam (Stewart, Duncan, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Thomas, 22-60271, appeal from S.D. Miss.
    • per curiam (King, Higginson, Willett), criminal, search and seizure
    • Affirming conviction of being a felon in possession of a firearm; and upholding denial of motion to suppress.
  • Peres-Ramirez v. Garland, 22-60339, petition for review of BIA order
    • per curiam (Barksdale, Higginson, Ho), immigration
    • Denying Venezuelan 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.