February 5-7, 2024, opinions

Posted on by tadbartlett

Designated for publication

  • Landor v. Louisiana Department of Corrections and Public Safety, 22-30686, appeal from M.D. La.
    • per curiam (Richman, Jones, Stewart, Southwick, Haynes, Graves, Higginson, Engelhardt, Wilson, Douglas, Ramirez, JJ., voting against en banc rehearing; Smith, Elrod, Willett, Ho, Duncan, Oldham, JJ., voting for en banc rehearing); Clement, J., concurring in denial of rehearing en banc (joined by Jones, Stewart, Graves, Higginson, Engelhardt, Wilson, Douglas, Ramirez); Ho, J., dissenting from denial of rehearing en banc (joined by Elrod, J.); Oldham, J., dissenting from denial of rehearing en banc (joined by Smith, Elrod, Willett, Duncan, JJ., and Ho, J., as to parts I and II); Religious Land Use and Institutionalized Persons Act; prisoner suit; religion
    • Denying en banc rehearing of September 14, 2023, panel opinion affirming dismissal of former Louisiana state prisoner’s claims for money damages against prison officials in their individual capacities under the Religious Land Use and Institutionalized Persons Act, arising from their forced shaving of his dreadlocks even though he was a devout Rastafarian who had taken the Nazarite Vow.
    • Judge Clement concurred with the denial of en banc rehearing to assert that only the Supreme Court, not the en banc Fifth Circuit, should make the determination of whether monetary damages are available against prison officials in their individual capacities under RLUIPA. “Had we overruled Sossamon I en banc, we would have then needed to address the question that Sossamon I declined to answer—is RLUIPA’s ‘appropriate relief’ language sufficiently clear to put the state and/or its employees on notice that the employees can personally be held liable for monetary damages? There, we would have run into the Supreme Court’s decision in Sossamon II, which held that, at least in the context of state employees sued in their official capacities, RLUIPA did not clearly allow for monetary damages. Sossamon v. Texas, 563 U.S. 277, 285–86 (2011). To be sure, the Supreme Court has now made clear that, at least in the RFRA context, ‘appropriate relief’ includes monetary damages against federal officials in their individual capacities. Tanzin v. Tanvir, 592 U.S. 43, 45 (2020). But threading the needle between Sossamon II and Tanzin is a task best reserved for the court that wrote those opinions.”
    • Judge Ho dissented from the denial of en banc rehearing. He would find that the boundary between Sossamon II and Tanzin is easy to determine, such that the en banc Circuit could navigate the holdings on the central issue of the case.
    • Judge Oldham dissented, as he would hold that the en banc Court was both able to, and should have, overturned Sossamon I and held that monetary damages are available under RLUIPA in suits against officials in their individual capacities.
  • Gibbs v. Jackson, 22-40731, appeal from E.D. Tex.
    • Clement, J. (Stewart, Clement, Ho), service of process, in forma pauperis, prisoner suit
    • Reversing dismissal of prisoner’s 1983 claims for failure to timely effect service on holding that district court abused its discretion in denying the plaintiff leave to proceed in forma pauperis, and remanding for further proceedings.
    • Had the district court granted IFP status, the plaintiff would have been entitled to have service effected by a U.S. Marshal. The Court held it was an abuse of discretion for the district court to require the plaintiff to exhaust every penny in his inmate account to qualify for IFP status, particularly where there was not sufficient funds left after he paid his initial filing fee to then pay for U.S. Marshal service.
  • U.S. v. Malmquist, 22-50872, appeal from W.D. Tex.
    • Higginson, J. (Higginbotham, Higginson, Duncan), criminal, guilty plea, sentencing
    • Vacating defendant’s 151-month sentence on guilty plea conviction of conspiracy to possess with intent to distribute 50 grams or more of methamphetamine.
    • The Court held that the Government’s breach of a clause in the plea agreement to recommend a three-level reduction for acceptance of responsibility constituted plain error because the breach affected the defendant’s substantial rights “and called into question the fairness, integrity, and public reputation of the judicial proceedings.”

Unpublished

  • U.S. v. Welton, 22-30817, appeal from M.D. La.
    • per curiam (Jolly, Higginson, Duncan), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Pryor, 22-50920, appeal from W.D. Tex.
    • per curiam (Jones, Southwick, Ho), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Guzman, 23-10142, appeal from N.D. Tex.
    • per curiam (Stewart, Clement, Ho), criminal, sentencing
    • Affirming 24-month sentence on revocation of supervised release.
  • Matthews v. Green, 23-10178, appeal from N.D. Tex.
    • per curiam (Higginbotham, Stewart, Southwick), § 1983
    • Affirming 12(b)(6) dismissal of § 1983 claims
  • U.S. v. Stovall, 23-10440, appeal from N.D. Tex.
    • per curiam (Stewart, Clement, Ho), criminal
    • Affirming conviction for possession of ammunition by a convicted felon.
  • U.S. v. Marion, 23-10456, appeal from N.D. Tex.
    • per curiam (Jones, Smith, Dennis), criminal, sentencing
    • Affirming sentence on conviction of conspiracy to possess with intent to distribute methamphetamine.
  • U.S. v. Farooq, 23-10641, appeal from N.D. Tex.
    • per curiam (Willett, Duncan, Ramirez), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Jabeen, 23-10642, appeal from N.D. Tex.
    • per curiam (Willett, Duncan, Ramirez), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Willis v. Western Power Sports, Inc., 23-10687, appeal from N.D. Tex.
    • per curiam (Jolly, Engelhardt, Douglas), Title VII, § 1981, employment discrimination
    • Affirming dismissal of discrimination claims.
  • Tucker v. U.S., 23-10709, appeal from N.D. Tex.
    • per curiam (Haynes, Willett, Duncan), coram nobis
    • Dismissing as frivolous appeal from dismissal of petition for writ of coram nobis.
  • U.S. v. Barrientez, 23-10729, appeal from N.D. Tex.
    • per curiam (King, Haynes, Graves), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Hernandez, 23-10752, appeal from N.D. Tex.
    • per curiam (Jones, Southwick, Ho), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Rojas, 23-10762, appeal from N.D. Tex.
    • per curiam (King, Haynes, Graves), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Andrews v. Johnson, 23-10950, appeal from N.D. Tex.
    • per curiam (Jones, Higginson, Ho), prisoner suit
    • Dismissing as frivolous appeal of dismissal of Texas state prisoner’s claims against arresting officers as untimely.
  • U.S. v. Collett, 23-30187, appeal from W.D. La.
    • per curiam (Stewart, Clement, Ho), criminal
    • Dismissing for lack of appellate jurisdiction defendant’s appeal of district court’s denial of motion for original recording of court proceeding and a contradictory hearing to determine accuracy of transcript.
  • U.S. v. Lewis, 23-30362, appeal from W.D. La.
    • per curiam (Davis, Ho, Ramirez), criminal
    • Affirming conviction of conspiracy to possess with intent to distribute various controlled substances and several counts of possession with intent to distribute controlled substances.
  • Dai v. Le, 23-30504, appeal from W.D. La.
    • per curiam (Higginbotham, Stewart, Southwick), sovereign immunity, qualified immunity, due process, breach of contract
    • Affirming grants of sovereign immunity and qualified immunity, and summary judgment dismissal of due process, discrimination, and breach of contract claims brough by former doctoral student against state university and university officials arising from poor assessment of student’s performance.
  • U.S. v. Ortiz-De Leon, 23-40072, appeal from S.D. Tex.
    • per curiam (Richman, Stewart, Hanks, by designation), criminal, sentencing
    • Affirming sentence on conviction of hostage-taking.
  • U.S. v. Calix-Castillo, 23-40317, appeal from S.D. Tex.
    • per curiam (Jolly, Engelhardt, Douglas), criminal
    • Affirming conviction of transporting and attempting to transport an illegal alien within the United States for financial gain and conspiracy to transport an illegal alien within the United States.
  • U.S. v. Guerra-Moreno, 23-40473, appeal from S.D. Tex.
    • per curiam (Willett, Duncan, Ramirez), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Martinez-Banegas, 23-50317, appeal from W.D. Tex.
    • per curiam (King, Haynes, Graves), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Garcia-Gonzalez, 23-50387, appeal from W.D. Tex.
    • per curiam (Wiener, Stewart, Douglas), criminal, compassionate release
    • Affirming denial of motion for compassionate release.
  • U.S. v. Loflin, 23-50531, appeal from W.D. Tex.
    • per curiam (King, Haynes, Graves), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Corrales, 23-50609, appeal from W.D. Tex.
    • per curiam (Jolly, Engelhardt, Douglas), criminal, compassionate release
    • Affirming denial of motion for compassionate release.
  • U.S. v. Davis, 23-50812, appeal from W.D. Tex.
    • per curiam (Smith, Higginson, Engelhardt), criminal, pretrial detention
    • Dismissing for lack of appellate jurisdiction appeal from denial of motion for release from pretrial detention.
  • U.S. v. Pedelahore, 23-60264, appeal from S.D. Miss.
    • per curiam (King, Jones, Oldham), criminal, sentencing
    • Affirming 30-month sentence on revocation of supervised release.