Designated for publication Wilson, J. (Smith, Clement, Wilson), WARN Act, summary judgment, jury right Appellate counsel from Fishman Haygood represented prevailing party. Affirming in part and reversing in part summary judgment dismissal of employees’ WARN Act claims against investment advisor of plaintiffs’ employer on violations of WARN Act. The Court affirmed the district court’s holding … More September 27, 2023, opinions
Designated for publication Duncan, J. (Duncan, Wilson, Schroeder, by designation), criminal, attorney-client privilege Affirming convictions of defendant on numerous drug offenses related to ownership of pharmacy that was essentially an illegal pill mill; upholding use of audio recordings by the prosecution (though not used at trial) that defendant asserted intruded into his privileged conversations with … More September 26, 2023, opinions
Designated for publication per curiam (Smith, Southwick, Higginson), criminal, sentencing, Armed Career Criminal Act Affirming 190-month sentence on conviction of possession of a firearm by a felon, as enhanced for under the Armed Career Criminal Act. Teh Court rejected the defendant’s argument that the facts of the prior convictions for purposes of the ACCA enhancement … More September 25, 2023, opinions
Unpublished per curiam (Jones, Stewart, Duncan), prisoner suit Affirming dismissal of Texas state prisoner’s § 1983 claims. per curiam (Jolly, Dennis, Higginson), False Claims Act, qui tam Affirming in part and reversing in part dismissal of False Claims Act qui tam claims against housing authority and property management companies for federal housing regulations violations and … More September 22, 2023, opinions
Designated for publication Higginson, J. (Jolly, Dennis, Higginson), criminal, sufficiency of evidence Affirming conviction of transporting within the United States an alien who “has come to, entered, or remains in the United States in violation of law.” The Court held there was sufficient evidence to support the jury’s finding that the person the defendant was … More September 20-21, 2023, opinions
Designated for publication per curiam (9 judges against rehearing: Stewart, Elrod, Southwick, Haynes, Graves, Higginson, Willett, Engelhardt, Douglas; 7 judges for rehearing: Richman, Jones, Smith, Ho, Duncan, Oldham, Wilson), Smith, J., dissenting from denial of rehearing; criminal, search and seizure Denying en banc rehearing of May 10, 2023, panel opinion that vacated defendant’s conviction for … More September 19, 2023, opinions
Unpublished per curiam (Smith, Higginson, Engelhardt), Title VII, employment discrimination, Americans with Disabilities Act Affirming summary judgment dismissal of various employment discrimination claims. per curiam (Stewart, Southwick, Engelhardt), criminal, sentencing Affirming 96-month sentence on conviction of possession of a firearm by a felon. per curiam (Jolly, Engelhardt, Douglas), criminal Granting Anders motion to withdraw, and … More September 18, 2023, opinions
Designated for publication Oldham, J. (Dennis, Engelhardt, Oldham), Title VII, employment discrimination Reversing summary judgment dismissal of employee’s discrimination claims after he was fired for his refusal to cut his hair and beard in violation of his religious vow, in light of Groff v. DeJoy, 143 S. Ct. 2279 (2023). The Court held that the … More September 15, 2023, opinions
Designated for publication Jones, J. (Jones, Stewart, Duncan), criminal, jury instructions, sentencing Affirming conviction of illegal reentry and 105-month sentence, finding no error in jury instruction or impropriety in enhancement of sentence for obstruction of justice. After the defendant had presented evidence that he had been acting under duress due to threats by the drug-smuggling … More September 14, 2023, opinions
Designated for publication Smith, J. (Smith, Southwick, Higginson), Higginson, J., concurring; habeas corpus Affirming denial of § 2255 petition seeking relief from guilty plea to possession with intent to distribute a mixture or substance containing a detectable amount of methamphetamine on IAC grounds. The Court held that the petitioner had not forfeited his argument about … More September 13, 2023, opinions
