December 19, 2023, opinions

Posted on by tadbartlett

Designated for publication

  • Smith v. Edwards, 23-30634, appeal from M.D. La.
    • 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 the appeal is therefore now moot. The PLRA provides an automatic expiration for preliminary injunctions under that act of 90 days.
  • Chamber of Commerce of the U.S. v. U.S. Securities and Exchange Commission, 23-60255, petition for review of SEC Order
    • Smith, J. (Smith, Southwick; Higginson, J., recused, and decision by a quorum), administrative law, securities law
    • Vacating SEC’s final rule “requiring issuers to report day-to-day share repurchase data once a quarter and to disclose the reason why an issuer repurchased shares of its own stock,” after petitioners moved for vacatur of rule and SEC did not respond–following earlier panel opinion where panel found APA defects in rule and issued a limited remand to SEC to issue new rule within 30 days correcting the defects and SEC certified at the end of the 30 days that it was unable to correct the defects.

Unpublished

  • U.S. v. Francis, 22-20577, appeal from S.D. Tex.
    • per curiam (Higginbotham, Stewart, Southwick), criminal, sentencing
    • Affirming conviction and 97-month sentence for conviction of a firearm and ammunition by a felon.
  • U.S. v. Sharp, 23-20211, appeal from S.D. Tex.
    • per curiam (King, Haynes, Graves), criminal, sentencing
    • Affirming 33-month sentence on conviction of being a felon in possession of a firearm.
  • Weeks v. Nationwide Mutual Insurance Co., 23-20294, appeal from S.D. Tex.
    • per curiam (Wiener, Stewart, Douglas), employment discrimination
    • Affirming summary judgment dismissal of employment discrimination claims.
  • U.S. v. Cerdes, 23-30141, appeal from E.D. La.
    • per curiam (Davis, Engelhardt, Oldham), habeas corpus
    • Vacating denial of petition for coram nobis, finding that petitioner had good excuse for not seeking relief earlier.
  • U.S. v. Martinez, 23-50276, appeal from W.D. Tex.
    • per curiam (Elrod, Oldham, Wilson), criminal, sentencing
    • Affirming sentence on conviction of aiding and abetting the possession with intent to distribute 500 grams or more of methamphetamine.
  • U.S. v. Abrego-Vargas, 23-50405, appeal from W.D. Tex.
    • per curiam (Willett, Duncan, Douglas), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • McPherson v. Harrison County Board of Education, 23-60449, appeal from S.D. Miss.
    • per curiam (Elrod, Oldham, Wilson), Title VII
    • Affirming dismissal of plaintiff’s Title VII claim arising from inability to get positive recommendation from school officials for potential new job.