November 30, 2023, opinions

Posted on by tadbartlett

Unpublished

  • U.S. v. Forbito, 22-11026, appeal from N.D. Tex.
    • per curiam (Dennis, Engelhardt, Oldham), criminal, sentencing
    • Affirming 72-month sentence, based on crime-of-violence sentencing enhancement, and constitutionality of conviction of being a felon in possession of a firearm.
  • Perkins v. Moring, 22-30456, appeal from E.D. La.
    • per curiam (Elrod, Ho, Wilson), Ho, J., dissenting in part; qualified immunity
    • Dismissing appeal in part, reversing denial of qualified immunity summary judgment in part, and remanding for further proceedings on plaintiffs’ claims of excessive force and First Amendment retaliation, holding that plaintiff had pled a clearly established violation of the right to film the police conduct.
    • Judge Ho dissented in part, as he would find that no violation of the right to film the police altercation had occurred.
  • U.S. v. Thomas, 22-30637, appeal from W.D. La.
    • per curiam (Barksdale, Engelhardt, Wilson), criminal, sentencing
    • Affirming 262-month sentence on conviction of conspiracy to possess with intent to distribute methamphetamine.
  • Zhou v. Garland, 22-60641, petition for review of BIA order
    • per curiam (Smith, Higginson, Engelhardt), immigration
    • Denying Chinese citizen’s petition for review of BIA order dismissing his appeal and affirming the immigration judge’s (IJ’s) denial of his application for asylum, withholding of removal, and protection under CAT.
  • Nguyen v. AT&T, 23-10277, appeal from N.D. Tex.
    • per curiam (Smith, Higginson, Engelhardt), employment discrimination, Title VII
    • Affirming summary judgment dismissal of employment discrimination claims.
  • U.S. v. Ramos, 23-10450, appeal from N.D. Tex
    • per curiam (Smith, Higginson, Engelhardt), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Toson v. Taylor, 23-10793, appeal from N.D. Tex.
    • per curiam (Jones, Higginson, Ho), prisoner suit
    • Dismissing as frivolous Texas state prisoner’s appeal from dismissal of sec. 1983 claim.
  • Lowe v. Gordon, 23-50383, appeal from W.D. Tex.
    • per curiam (Jones, Smith, Dennis), bankruptcy
    • Affirming the bankruptcy court’s overruling of an objection to the exemption from bankruptcy proceedings of claims for the surrender value of two life-insurance policies under Texas state law.
  • Zavala-Banegas v. Garland, 23-60260, petition for review of BIA order
    • per curiam (Wiener, Stewart, Douglas), immigration
    • Denying Honduran citizens’ petition for review of BIA order adopting and affirming the opinion of an Immigration Judge (IJ), who denied their applications for asylum, withholding of removal, and protection under the Convention Against Torture.