April 19-21, 2023, opinions

Posted on by tadbartlett

Designated for publication

  • Brown v. City of Houston, 21-20302, appeal from S.D. Tex.
    • Wiener, J. (Wiener, Graves, Duncan), sec. 1983
    • After receiving decision from Texas Supreme Court on certified question, affirming district court’s summary judgment dismissal of plaintiff’s sec. 1983 claims arising from wrongful capital conviction, on the basis that the plaintiff’s receipt of compensation under Texas’s Tim Cole Act–even though that compensation came after he had initiated his federal lawsuit–barred his further maintaining of the suit.
  • Barco v. Witte, 21-30637, c/w Balza v. Garland, 21-30748, appeal from W.D. La.
    • Graves, J. (Jones, Smith, Graves), attorneys’ fees, Equal Access to Justice Act
    • Affirming denial of EAJA attorneys’ fees to successful habeas petitioners, on holding that habeas petitions are not purely civil in nature.
  • U.S. v. Gemar, 21-30666, appeal from E.D. La.
    • Richman, C.J. (Richman, King, Higginson), criminal, juror bias
    • Remanding for district court to hold evidentiary hearing on defendant’s motion for new trial on grounds of potential juror bias.

Unpublished

  • Nwaorie v. U.S., 19-20706, appeal from S.D. Tex.
    • per curiam (Richman, Dennis, Haynes), sovereign immunity, standing, civil forfeiture
    • Affirming dismissal of plaintiff’s putative class action arising from government’s failure to unconditionally return seized funds after it failed to pursue administrative civil forfeiture proceedings.
  • Autin v. Goings, 21-30678, appeal from E.D. La.
    • per curiam (Wiener, Stewart, Engelhardt), prisoner suit
    • Reversing district court’s denial of Heck summary judgment for defendant prison officers on state prisoner’s sec. 1983 claims.
  • Desmarais v. Bell County Justice Complex, 21-51218, appeal from W.D. Tex.
    • per curiam (Smith, Dennis, Southwick), prisoner suit
    • Dismissing as frivolous appeal of dismissal of prisoner’s claims as time-barred.
  • Rodriguez v. Garland, 21-60722, petition for review of BIA order
    • per curiam (Barksdale, Southwick, Higginson), immigration
    • Denying Honduran citizen’s petition for review of BIA order denying motion for reconsideration of dismissal of appeal from order of removal.
  • U.S. v. Espinoza-Juarez, 22-10462, appeal from N.D. Tex.
    • per curiam (Jones, Haynes, Oldham), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Hernandez-Ramos, 22-10561, appeal from N.D. Tex.
    • per curiam (Higginbotham, Graves, Ho), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Villarreal, 22-10840, appeal from N.D. Tex.
    • per curiam (Wiener, Elrod, Engelhardt), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Davis, 22-10868, appeal from N.D. Tex.
    • per curiam (Jones, Haynes, Oldham), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Nichols, 22-11027, appeal from N.D. Tex.
    • per curiam (Stewart, Dennis, Willett), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Benjamin v. Bank of New York Mellon, 22-20061, appeal from S.D. Tex.
    • per curiam (Jones, Haynes, Oldham), foreclosure
    • Affirming district court’s dismissal of claims arising from foreclosure proceedings.
  • Carr v. City of Houston, 22-20297, appeal from S.D. Tex.
    • per curiam (Higginbotham, Duncan, Wilson), prisoner suit
    • Affirming dismissal of pretrial detainee’s sec. 1983 claims.
  • U.S. v. Heflin, 22-20340, appeal from S.D. Tex.
    • per curiam (Jones, Haynes, Oldham), criminal, sentencing
    • Affirming 41-month sentence on conviction of possession of a firearm by a felon.
  • Miranda v. Kijakazi, 22-20559, appeal from S.D. Tex.
    • per curiam (Jones, Haynes, Oldham), social security
    • Affirming partial denial of disability benefits.
  • Beroid v. Lafleur, 22-30489, appeal from W.D. La.
    • per curiam (Stewart, Duncan, Wilson), excessive force
    • Affirming 12(b)(6) dismissal of excessive force claims.
  • U.S. v. Butler, 22-30580, appeal from W.D. La.
    • per curiam (Wiener, Elrod, Engelhardt), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Efferson, 22-30613, appeal from M.D. La.
    • per curiam (Stewart, Dennis, Willett), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Hinojosa, 22-40221, appeal from S.D. Tex.
    • per curiam (Higginbotham, Graves, Ho), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Bustinza v. Lucio, 22-40312, appeal from S.D. Tex.
    • per curiam (King, Higginson, Willett), prisoner suit
    • Affirming dismissal of Texas state prisoner’s religious practices suit.
  • U.S. v. Sepulveda-Arreola, 22-40394, appeal from S.D. Tex.
    • per curiam (King, Higginson, Willett), criminal, sentencing
    • Affirming sentence on conviction of possession with intent to distribute 500 grams or more of methamphetamine and possession of a firearm by an alien unlawfully present in the United States.
  • U.S. v. Caliz-Nieto, 22-40605, appeal from S.D. Tex.
    • per curiam (Higginbotham, Graves, Ho), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Zuniga, 22-40638, appeal from S.D. Tex.
    • per curiam (Stewart, Duncan, Wilson), criminal, sentencing
    • Affirming sentence on conviction of possession with intent to distribute more than 500 grams of cocaine.
  • Johnson v. City of San Antonio, 22-50196, appeal from W.D. Tex.
    • per curiam (Wiener, Stewart, Engelhardt; Stewart, J., concurring in judgment only), qualified immunity
    • Dismissing appeal of dismissal of various claims for lack of appellate jurisdiction, then reversing denial of qualified immunity summary judgment to two officer defendants accused of excessive force in arrest of juvenile.
  • U.S. v. Pittman, 22-50492, appeal from W.D. Tex.
    • per curiam (Elrod, Southwick, Douglas), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Landa, 22-50494, appeal from W.D. Tex.
    • per curiam (Higginbotham, Graves, Ho), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Sanchez-Sierra, 22-50695, appeal from W.D. Tex.
    • per curiam (Higginbotham, Graves, Ho), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Pacheco-Derma, 22-50810, appeal from W.D. Tex.
    • per curiam (Higginbotham, Graves, Ho), criminal, sentencing
    • Affirming conviction and sentence for illegal reentry.
  • U.S. v. Velasquez, 22-50812, appeal from W.D. Tex.
    • per curiam (Higginbotham, Graves, Ho), criminal, compassionate release
    • Affirming denial of motion for compassionate release.
  • Taylor v. Winn, 22-50994, appeal from W.D. Tex.
    • per curiam (Clement, Southwick, Higginson), prisoner suit
    • Dismissing as frivolous appeal from denial of Rule 60(b) motion from dismissal of Texas state prisoner’s sec. 1983 action.
  • Pinkston v. Management & Training Corp., 22-60161, appeal from S.D. Miss.
    • per curiam (Jones, Stewart, Wilson), prisoner suit
    • Affirming dismissal of Mississippi state prisoner’s sec. 1983 claims.
  • U.S. v. Stockstill, 22-60305, appeal from S.D. Miss.
    • per curiam (Jolly, Jones, Ho), criminal, sentencing
    • Affirming 30-year sentence on conviction of production of child exploitation materials.
  • Bardales-Gonzalez v. Garland, 22-60313, petition for review of BIA order
    • per curiam (Jones, Haynes, Oldham), immigration
    • Denying in part and dismissing in part Honduran citizen’s petition for review of BIA order dismissing appeal of IJ’s denial of motion to reopen.
  • Dee v. Gater, 22-60587, appeal from S.D. Miss.
    • per curiam (Davis, Duncan, Engelhardt), qualified immunity
    • Dismissing for lack of jurisdiction appeal from denial of qualified immunity summary judgment.