January 12, 2024, opinions

Posted on by tadbartlett

Designated for publication

  • American Precision Ammunition v. City of Mineral Wells, 21-10558, appeal from N.D. Tex.
    • Dennis, J. (Stewart, Dennis, Wilson), Wilson, J., dissenting; breach of contract, due process
    • Affirming dismissal of breach of contract, due process, and open meeting law claims by munitions manufacturer against city after city stopped paying tax abatement incentive payments to manufacturer upon determining that those payments violated the Texas Constitution. “This case serves as a strong reminder of the consequences of entering into a contract that obligates a party to perform an action forbidden by law.”
    • The Court held that the $150,000 payments were “gratuitous transfers” and therefore prohibited by the Texas Constitution. The Court held, therefore, that the provision of the contract between the munitions manufacturer and the city was unenforceable. Accordingly, the Court also held that the open meetings law claim was moot, since there was no valid contract to reinstate as a remedy for any open meetings law violation.
    • The Court also affirmed the dismissal of the due process claim; because the $150,000 payment was illegal, the Court held there could not be a protected property interest in those payments.
    • Judge Wilson dissented. Rather than finding that the payment was a gratuitous gift, he would find that the city received consideration in the form of the economic development goals enabled by the deal with the manufacturer.
  • Carl v. Hilcorp Energy Co., 22-20226, appeal from S.D. Tex.
    • per curiam (Dennis, Elrod, Ho), Dennis, J., concurring only in the certification to the Texas Supreme Court, mineral law
    • In review of dismissal of claim that a mineral lessee must pay royalties on gas used off-lease for post-production services like transport and processing, the Court certified to the Texas Supreme Court the questions:
      • “1) After Randle, can a market-value-at-the well lease containing an off-lease-use-of-gas clause and free-on-lease-use clause be interpreted to allow for the deduction of gas used off lease in the post-production process?
      • 2) If such gas can be deducted, does the deduction influence the value per unit of gas, the units of gas on which royalties must be paid, or both?”
  • U.S. v. Chiasson, 23-30053, appeal from W.D. La.
    • Duncan, J. (Richman, Haynes, Duncan), criminal, sentencing
    • Affirming 96-month sentence on conviction of possession of a firearm by a felon, upward-varying from the Guidelines based on finding of extensive criminal history.
    • The Court held that there was no abuse of discretion in the district court’s allowance of non-victim witness testimony at the sentencing phase. The Court also found no plain error in the alleged reliance by the district court on “bare arrest records” in determining the defendant’s criminal history.

Unpublished

  • Salinas v. Loud, 22-11248, appeal from N.D. Tex.
    • per curiam (Richman, Haynes, Duncan), qualified immunity
    • Affirming dismissal of excessive force claims on basis of qualified immunity.
  • U.S. v. De Leon, 22-40301, appeal from S.D. Tex.
    • per curiam (Richman, Haynes, Duncan), criminal, sentencing
    • Affirming sentence orally pronounced on guilty plea conviction of defrauding city government.
  • Stevenson-Cotton v. Galveston County, 22-40841, appeal from S.D. Tex.
    • per curiam (Stewart, Dennis, Wilson), sec. 1983
    • Affirming summary judgment dismissal of deliberate indifference claims.
  • U.S. v. Saenz-Nolan, 22-50848, appeal from W.D. Tex.
    • per curiam (Higginbotham, Stewart, Southwick), criminal, guilty plea
    • Affirming guilty plea conviction of possession of a firearm by a felon.
  • U.S. v. Cobos, 22-5-967, appeal from W.D. Tex.
    • per curiam (Willett, Duncan, Douglas), criminal, sentencing
    • Affirming 94-month sentence on conviction of conspiring to possess with the intent to distribute five kilograms or more of cocaine.
  • U.S. v. Williams, 23-10292, appeal from N.D. Tex.
    • per curiam (Willett, Duncan, Wilson), criminal
    • Affirming conviction of being a felon in possession of a firearm.
  • U.S. v. Hoyle, 23-10649, appeal from N.D. Tex.
    • per curiam (Jones, Southwick, Ho), criminal
    • Affirming conviction of being a felon in possession of a firearm.
  • U.S. v. Watkins, 23-10702, appeal from N.D. Tex.
    • per curiam (Willett, Duncan, Ramirez), criminal, sentencing
    • Affirming 360-month sentence on conviction of conspiracy to possess with intent to distribute five kilograms or more of a mixture or substance containing cocaine, 400 grams or more of a mixture or substance containing fentanyl, 500 grams or more of mixture or substance containing methamphetamine, and one kilogram or more of a mixture or substance containing heroin; possession with intent to distribute 400 grams or more of a mixture or substance containing fentanyl; and being a felon in possession of a firearm.
  • Toson v. Freeman, 23-10800, appeal from N.D. Tex.
    • per curiam (Smith, Southwick, Wilson), prisoner suit
    • Affirming dismissal of Texas state prisoner’s sec. 1983 claims.
  • Gemini Insurance Co. v. Indemnity Insurance Co., 23-20026, appeal from S.D. Tex.
    • per curiam (Richman, Haynes, Duncan), insurance
    • Reversing summary judgment in favor of defendant insurance company and remanding for reconsideration of plaintiff insurance company’s claims for indemnity and duty to defend.
  • U.S. v. Metz, 23-30411, appeal from E.D. La.
    • per curiam (Jones, Southwick, Ho), criminal, compassionate release
    • Affirming denial of motion for compassionate release.
  • U.S. v. Crisp, 23-40333, appeal from S.D. Tex.
    • per curiam (King, Haynes, Graves), criminal, sentencing
    • Affirming 210-month sentence on conviction of distribution of child pornography, receipt of child pornography, and possession of child pornography.
  • U.S. v. Thomas, 23-40367, appeal from S.D. Tex.
    • per curiam (Jones, Smith, Dennis), criminal, sentencing
    • Vacating sentence and remanding to conform written judgment with orally pronounced judgment as to supervised release terms.
  • U.S. v. Morris, 23-50125, appeal from W.D. Tex.
    • per curiam (Jones, Southwick, Ho), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Vidal, 23-50358, appeal from W.D. Tex.
    • per curiam (Willett, Duncan, Ramirez), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Martinez v. Rosalez, 23-50406, appeal from W.D. Tex.
    • per curiam (Jones, Haynes, Douglas), habeas corpus
    • Affirming denial of habeas petition.
  • Zuniga v. U.S., 23-50430, appeal from W.D. Tex.
    • per curiam (Jones, Haynes, Douglas), habeas corpus
    • Affirming denial of sec. 2241 petition.