April 5, 2023, opinions

Posted on by tadbartlett

Designated for publication

  • Louisiana v. Biden, 22-30087, appeal from W.D. La.
    • Wiener, J. (Wiener, Higginson, Wilson), administrative law, standing
    • Vacating district court’s preliminary injunction of Biden administration’s executive order establishing working group to formulate guidance on the “social cost of greenhouse gases” to be used by federal agencies in policymaking actions, and dismissing states’ suit seeking injunctive relief for lack of standing.
    • As summarized by the Court, “Plaintiffs’ allegations of ‘injury in fact’ rely on a chain of hypotheticals: federal agencies may (or may not) premise their actions on the Interim Estimates in a manner that may (or may not) burden the States. Such injuries do not flow from the Interim Estimates but instead from potential future regulations, i.e., final rules that are subject to their own legislated avenues of scrutiny, dialogue, and judicial review on an appropriately developed record.”

Unpublished

  • Gamboa v. Lumpkin, 21-20236, appeal from S.D. Tex.
    • per curiam (Richman, Duncan, Oldham), prisoner suit
    • Affirming dismissal of Texas state prisoner’s sec. 1983 claims.
  • U.S. v. Sanusi, 21-40864, appeal from E.D. Tex.
    • per curiam (Richman, Duncan, Oldham), criminal, sentencing
    • Affirming 84-month sentence on conviction of possession of 15 or more access devices, aggravated identity theft, and illegal possession of device-making equipment.
  • Dougay v. Dolgencorp of Texas, Inc., 22-40479, appeal from E.D. Tex.
    • per curiam (Davis, Duncan, Engelhardt), personal tort
    • Affirming denial of JNOV and judgment on verdict in favor of plaintiff in premises-liability suit.
  • U.S. v. Valladares-Fernandez, 22-40715, appeal from S.D. Tex.
    • per curiam (Stewart, Duncan, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Cunningham, 22-50092, appeal from W.D. Tex.
    • per curiam (King, Jones, Duncan), criminal, sentencing
    • Affirming 45-month sentence on conviction of conspiring to transport illegal aliens.
  • U.S. v. Davila, 22-50131, appeal from W.D. Tex.
    • per curiam (Haynes, Engelhardt, Oldham), criminal, compassionate release
    • Dismissing as frivolous appeal from denial of motion for compassionate release.
  • U.S. v. Johnson, 22-50873, appeal from W.D. Tex.
    • per curiam (Smith, Southwick, Douglas), criminal, compassionate release
    • Affirming denial of motion for compassionate release.
  • U.S. v. Eguis-Portillo, 22-50899, c/w 22-50913, appeal from W.D. Tex.
    • per curiam (Smith, Southwick, Douglas), criminal, sentencing
    • Affirming conviction and sentence for illegal reentry and revocation of supervised release.