July 27, 2023, opinions

Posted on by tadbartlett

Designated for publication

  • Mayfield v. Butler Snow, L.L.P., 21-60733, appeal from S.D. Miss.
    • per curiam (Richman, Ho, Engelhardt), Ho, J., concurring in judgment only; § 1983
    • Affirming dismissal of § 1983 and other claims by plaintiffs–survivors of man who committed suicide after his arrest for involvement in a scheme to take a picture of Senator’s nursing-home-bound wife for use in a campaign video.
    • The Court held that there was probable cause for the search and arrest of the decedent, such that the district court did not err in dismissing claims for First Amendment retaliation arising from that search and arrest.
    • The Court held that the district court did not err in issuing summary judgment dismissing the plaintiffs’ Lozman claim–which allows the pursuit of a First Amendment retaliatory arrest claim against a municipality despite the existence of probable cause under certain circumstances. The Court held that the plaintiffs here failed in their evidentiary burden to show the existence of those circumstances.
  • U.S. v. Choulat, 22-50056, appeal from W.D. Tex.
    • Smith, J. (Higginbotham, Smith, Engelhardt), criminal, sentencing
    • Affirming 57-month sentence on conviction of being a felon in possession of a firearm, with an enhancement for possessing a gun “in connection with” drug trafficking.
    • The Court held that there was no error in the district court’s finding that the gun was in close enough proximity to the drugs to meet the guideline application note’s “in connection with” definition. The Court noted that the application note is authoritative here because it is not inconsistent with or a plainly erroneous reading of the guideline itself.

Unpublished

  • U.S. v. Bell, 21-51062, appeal from W.D. Tex.
    • per curiam (Clement, Oldham, Wilson), criminal, compassionate release
    • Vacating denial of motion for compassionate release, and remanding for the district court to issue an explanation of its reasons for denial.
  • Mboba v. Garland, 21-60416, petition for review of BIA order
    • per curiam (Haynes, Engelhardt, Saldaña, by designation), immigration
    • Granting Congolese citizen’s petition for review of BIA order insofar as it affirmed IJ’s denial of his application for protection under the Convention Against Torture, but denying his petition in all other respects.
  • Lytle v. CEM Insurance Co., 22-40616, appeal from S.D. Tex.
    • per curiam (Haynes, Engelhardt, Saldaña, by designation), appellate jurisdiction
    • Dismissing appeal of judgment in insurance coverage case, upon determination that another party remained in the matter even though its name was subject to a misnomer in the pleadings.
  • U.S. v. Bradford, 22-50926, appeal from W.D. Tex.
    • per curiam (Wiener, Elrod, Engelhardt), criminal, sentencing
    • Affirming 240-month sentence on conviction of conspiracy to possess with intent to distribute 500 grams or more of methamphetamine.
  • Reynosa-Romero v. Garland, 22-60617, petition for review of BIA order
    • per curiam (Wiener, Elrod, Engelhardt), immigration
    • Dismissing in part and denying in part Mexican citizen’s petition for review of BIA order denying his 2021 motion to reopen his removal proceedings.
  • U.S. v. Slaughter, 23-10105, appeal from N.D. Tex.
    • per curiam (Wiener, Elrod, Engelhardt), criminal, First Step Act
    • Affirming denial of defendant’s Rule 59(e) motion from judgment granting him relief under the First Step Act.
  • U.S. v. Leal-Camacho, 23-50169, appeal from W.D. Tex.
    • per curiam (Smith, Higginson, Engelhardt), criminal, sentencing
    • Affirming conviction and sentence for illegal reentry.