April 14, 2023, opinions

Posted on by tadbartlett

Designated for publication

  • U.S. v. Solorzano, 22-10159, appeal from N.D. Tex.
    • per curiam (Higginbotham, Smith, Engelhardt), criminal, sentencing, First Step Act
    • Affirming resentencing on remand under the First Step Act, in which district court declined to retroactively apply the decrease in the 25-year mandatory minimum under the First Step Act to defendant’s sentence for discharging a firearm in relation to a crime of violence, where prior remand was only for resentencing pursuant to the First Step Act on two other counts of the defendant’s conviction.
  • Adams v. City of Harahan, 22-30218, appeal from E.D. La.
    • Stewart, J. (Stewart, Dennis, Southwick), Due Process
    • Reversing district court’s denial of 12(c) motion to dismiss, and dismissing plaintiff’s due process claim upon holding that he did not have a liberty interest in his career in law enforcement.
  • Hernandez v. Jaddou, 22-20325, appeal from S.D. Tex.
    • Smith, J. (Higginbotham, Smith, Engelhardt), immigration
    • Affirming district court’s dismissal of plaintiff immigrants’ suit against USCIS for USCIS’s declination of jurisdiction over their Form I-485s for adjustment of immigration status to lawful permanent residents, where immigrants had arrived illegally initially, then gained temporary protected status and left the country under advance parole documents before returning and filing the I-485s.
    • The Court held that the plaintiffs were not “arriving aliens” for purposes of USCIS jurisdiction over their applications for status adjustment, and that the agency with jurisdiction would be the Executive Office for Immigration Review.
  • Bonin v. Sabine River Authority, State of Louisiana, 22-40138, c/w 22-40433, appeal from E.D. Tex.
    • Dennis, J. (Richman, Dennis, Haynes), sovereign immunity
    • Affirming district court’s judgment that the Sabine River Authority, State of Louisiana (“SRA-L”) is not an arm of the state entitled to sovereign immunity and denying SRA-L’s motion to dismiss claims by property owner plaintiffs alleging that SRA-L committed a taking in its operation of a dam and spillway.
  • Spano v. Whole Foods, Inc., 22-50593, appeal from W.D. Tex.
    • Engelhardt, J. (Higginbotham, Smith, Engelhardt), personal tort, preemption
    • Reversing district court’s dismissal of plaintiffs’ state-law tort claims arising from their child’s consumption of mislabeled food containing allergens, holding that the federal Food, Drug, and Cosmetics Act did not impliedly preempt the state-law claims.

Unpublished

  • U.S. v. Ciriaco, 20-10157, appeal from N.D. Tex.
    • per curiam (Richman, Jolly, Dennis), criminal, sentencing
    • Affirming sentence on conviction of illegal reentry.
  • Savage v. Walmart Stores, Inc., 22-10289, appeal from N.D. Tex.
    • per curiam (Davis, Smith, Douglas), arbitration
    • Affirming dismissal of suit challenging arbitration award.
  • U.S. v. Riggins, 22-10306, appeal from N.D. Tex.
    • per curiam (Stewart, Duncan, Wilson), criminal, search and seizure
    • Affirming conviction of possession with intent to distribute five grams or more of methamphetamine, and upholding denial of motion to suppress.
  • Wallace v. Taylor, 22-20342, appeal from S.D. Tex.
    • Graves, J. (Richman, Haynes, Graves), qualified immunity
    • Reversing denial of motion to dismiss on qualified immunity grounds, and rendering judgment of dismissal.
  • Vallee v. Crown Equipment Corp., 22-30053, appeal from E.D. La.
    • per curiam (Richman, Elrod, Oldham), products liability
    • Affirming summary judgment in favor of defendant in product liability claim arising from alleged defective design of forklift.
  • U.S. v. Laday, 22-30551, appeal from W.D. La.
    • per curiam (Higginbotham, Graves, Ho), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Ross, 22-40431, appeal from E.D. Tex.
    • per curiam (Smith, Southwick, Douglas), criminal, sentencing
    • Affirming 80-month sentence on conviction of possessing a firearm and ammunition after a felony conviction.
  • U.S. v. Catalan-Lopez, 22-40613, appeal from S.D. Tex.
    • per curiam (Smith, Southwick, Douglas), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Veals, 22-40679, appeal from E.D. Tex.
    • per curiam (Smith, Southwick, Douglas), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Burns, 22-51002, appeal from W.D. Tex.
    • per curiam (Stewart, Duncan, Wilson), criminal, First Step Act
    • Affirming denial of motion for sentence reduction under the First Step Act.
  • S.R. v. Scott County, 22-60124, appeal from S.D. Miss.
    • per curiam (Higginbotham, Jones, Oldham), qualified immunity, municipal liability
    • Affirming qualified immunity dismissal against jail officials and dismissal of municipal liability claims arising from inmate’s death in custody.