December 8, 2023, opinions

Posted on by tadbartlett

Designated for publication

  • U.S. v. Jones, 23-10198, appeal from N.D. Tex.
    • per curiam (Smith, Higginson, Engelhardt), criminal, Commerce Clause, Second Amendment, gun laws
    • Affirming conviction of possession of a firearm by a felon.
    • The Court held there was no plain error in application of 18 U.S.C. § 922(g) under the Commerce Clause, holding that Circuit precedent is clear that the statute does not violate the Commerce Clause and that there is no Supreme Court precedent that unequivocally overrules it.
    • The Court held that, although the Supreme Court announced a new analytical framework for Second Amendment challenges in Bruen, a call for extension of precedent is not viable on plain error review. The Court did call the issue of the constitutionality of § 922(g) under the Second Amendment and Bruen an “unsettled question.”

Unpublished

  • Badaiki v. Cameron International Corp., 21-20628, c/w Badaiki v. Schlumberger Holdings Corp., 22-20071, appeal from S.D. Tex.
    • per curiam (Higginbotham, Higginson, Duncan), Title VII, Americans with Disabilities Act, employment discrimination, settlement agreement, mootness
    • Dismissing appeals for lack of Article III jurisdiction as moot after entry into binding settlement agreement.
  • Anderson v. Diaz, 22-20525, appeal from S.D. Tex.
    • per curiam (Higginbotham, Higginson, Duncan), § 1983, qualified immunity
    • Affirming denial of qualified immunity summary judgment dismissal of § 1983 First Amendment retaliation claims against constable.
  • Quintanilla-Benitez v. Garland, 22-60289, petition for review of BIA order
    • per curiam (Jolly, Engelhardt, Oldham), immigration
    • Dismissing Salvadoran citizen’s petition for review of BIA order dismissing appeal of IJ’s denial of application for withholding of removal and protection under the Convention Against Torture.
  • U.S. v. Nguyen, 23-10468, appeal from N.D. Tex.
    • per curiam (Smith, Higginson, Engelhardt), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Aguillen-Servin, 23-10613, appeal from N.D. Tex.
    • per curiam (Willett, Duncan, Wilson), criminal, sentencing
    • Affirming sentencing for illegal reentry.
  • U.S. v. Camarena, 23-50216, appeal from W.D. Tex.
    • per curiam (Elrod, Oldham, Wilson), criminal, compassionate release
    • Affirming denial of motion for compassionate release.
  • U.S. v. Contreras-Juarez, 23-50320, appeal from W.D. Tex.
    • per curiam (Elrod, Oldham, Wilson), criminal, sentencing
    • Affirming sentence on conviction of illegal reentry.
  • U.S. v. Villarreal, 23-50324, appeal from W.D. Tex.
    • per curiam (Elrod, Oldham, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Barron-Bautista, 23-50375, appeal from W.D. Tex.
    • per curiam (Willett, Duncan, Wilson), criminal, sentencing
    • Affirming sentence on conviction of illegal reentry.