Unpublished per curiam (Stewart, Dennis, Wilson), Dennis, J., dissenting in part; criminal, sentencing Affirming in part and vacating in part 108-month sentence on conviction of possession with intent to distribute marijuana and methamphetamine; “remand[ing] for recalculation of his sentence to account for the new base offense level resulting from the 10 percent decrease of the … More December 29, 2023, opinions
Unpublished per curiam (Jones, Southwick, Ho), product liability Dismissing as frivolous appeal from dismissal of product liability suit regarding seatbelts and airbags. per curiam (Jones, Southwick, Ho), criminal, sentencing Affirming sentence on conviction of drug offenses and possessing a firearm as a felon. per curiam (Barksdale, Engelhardt, Wilson), criminal, sentencing Affirming conviction and 57-month sentence … More December 26-28, 2023, opinions
Designated for publication Clement, J. (Jones, Clement, Haynes), insurance, class action Vacating class certification and remanding for further proceedings on claim of undervaluation of total-loss claims due to insurer’s use of valuation system. The Court held that “class certification was only proper if plaintiffs could prove injury—i.e., underpayment—on a class-wide basis,” and rejecting premise that … More December 22, 2023, opinions
Designated for publication Elrod, J. (Higginbotham, Smith, Elrod), criminal, search and seizure, sentencing Affirming conviction and sentence on various drug trafficking offenses and possession of a firearm by a felon; upholding denial of multiple motions to suppress; and upholding application of dangerous weapon enhancement to sentencing calculation. Unpublished per curiam (Smith, Higginson, Engelhardt), prisoner suit … More December 21, 2023, opinions
Designated for publication Elrod, J. (Higginbotham, Smith, Elrod), criminal, sentencing Affirming conviction for wire fraud, affirming 120-month imprisonment term, but vacating written judgment that sentence would run consecutively with any state-court sentences and remanding with order to conform to oral pronouncement that federal sentence would run concurrently with state-court sentences. Unpublished per curiam (Jones, Barksdale, … More December 20, 2023, opinions
Designated for publication Wilson, J. (Higginbotham, Stewart, Wilson), Prison Litigation Reform Act, mootness, prisoner suit Vacating district court’s preliminary injunction regarding housing of juvenile offenders in detention facility at the Angola State Penitentiary, and dismissing appeal from merits of that injunction, on basis that time period for injunctive remedy under the PLRA has run and … More December 19, 2023, opinions
Designated for publication Jones, J. (Jones, Higginson, Duncan), Higginson, J., concurring; Clean Water Act, mootness Vacating district court’s judgment declining to review the Corps of Engineers’ jurisdictional determination under the Clean Water Act that landowner’s property contained jurisdictional wetlands, which determination the Corps had reached after the remand by the district court of an earlier … More December 18, 2023, opinions
Designated for publication Southwick, J. (Barksdale, Southwick, Higginson), Higginson, J., dissenting; voting rights, election law, standing Reversing summary judgment in favor of voter advocacy organization, and rendering judgment in favor of Texas officials (actively defended by intervenor attorney general) rejecting organization’s challenge to Texas’s original “wet” signature requirement as a violation of the Civil Rights … More December 15, 2023, opinions
Designated for publication Duncan, J. (Higginbotham, Higginson, Duncan), criminal, guilt plea Affirming conviction of attempted interference with commerce by robbery, finding sufficient evidence in the record to support the defendant’s guilty plea. Haynes, J. (Clement, Haynes, Oldham), ERISA Affirming dismissal of ERISA claim against insurance company hired by plan’s sponsor, administrator, and fiduciary to maintain … More December 12-14, 2023, opinions
Designated for publication Oldham, J. (Jolly, Engelhardt, Oldham), jurisdiction, voting rights Vacating district court’s declaratory judgment regarding the unconstitutionality of Houston’s voter-registration provisions, and remanding to the district court with instructions to dismiss without prejudice due to the lack of an Article III case or controversy. The Court noted that the parties were in agreement … More December 11, 2023, opinions
