December 21, 2023, opinions

Posted on by tadbartlett

Designated for publication

  • U.S. v. Jefferson, 22-30690, appeal from E.D. La.
    • 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Unpublished

  • Johnson v. Louisiana Department of Public Safety and Corrections, 22-30723, appeal from M.D. La.
    • per curiam (Smith, Higginson, Engelhardt), prisoner suit
    • Affirming dismissal of Louisiana state prisoner’s Eighth Amendment claim, but vacating dismissal of Fourth Amendment challenge to strip search and remanding for further proceedings
  • U.S. v Perez, 23-10482, appeal from N.D. Tex.
    • per curiam (Smith, Higginson, Engelhardt), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Castro v. U.S., 23-10630, appeal from N.D. Tex.
    • per curiam (Jones, Smith, Dennis), tax
    • Affirming summary judgment dismissal of plaintiff’s claims that IRS agent disclosed confidential tax return information in violation of 26 U.S.C. § 6103(a)(3).
  • Wallace v. Louisiana, 23-30687, appeal from E.D. La.
    • per curiam (Jones, Southwick, Ho), habeas corpus
    • Affirming transfer of § 2241 petition to the Court as a successive § 2254 petition.
  • Bohannan v. Williams, 23-40018, appeal from E.D. Tex.
    • per curiam (Stewart, Clement, Engelhardt), prisoner suit
    • Dismissing as frivolous appeal from dismissal of Texas state prisoner’s § 1983 claims.
  • U.S. v. Salomon, 23-40458, appeal from S.D. Tex.
    • per curiam (Higginbotham, Stewart, Southwick), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.