March 27-30, 2024, opinions

Unpublished

  • Finney v. Unknown Nurse, 22-40466, appeal from S.D. Tex.
    • per curiam (Jones, Southwick, Ho), prisoner suit
    • Affirming dismissal of Texas state prisoner’s suit as frivolous.
  • U.S. v. Puga, 22-50957, appeal from W.D. Tex.
    • per curiam (Wiener, Stewart, Douglas), criminal, sentencing
    • Affirming imposition of standard supervised release terms as part of sentence for conviction of kidnapping, carjacking, and transportation of a stolen vehicle in interstate commerce.
  • U.S. v. Davis, 23-10126, appeal from N.D. Tex.
    • per curiam (Jolly, Smith, Haynes), criminal
    • Affirming conviction of being a felon in possession of a firearm.
  • U.S. v. Otunba, 23-10156, appeal from N.D. Tex.
    • per curiam (Richman, Graves, Wilson), criminal, sentencing
    • Affirming conviction and 90-month sentence for possession of a firearm by a felon.
  • U.S. v. Hernandez, 23-10272, appeal from N.D. Tex.
    • per curiam (Jolly, Smith, Haynes), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Winzer v. Kaufman County, 23-10383, appeal from N.D. Tex.
    • per curiam (Elrod, Oldham, Wilson), municipal liability
    • Affirming summary judgment dismissal of municipal liability claims in excessive force case.
  • U.S. v. Ortiz, 23-10636, appeal from N.D. Tex.
    • per curiam (Barksdale, Engelhardt, Wilson), criminal, sentencing
    • Affirming sentence on conviction of conspiracy to possess with intent to distribute a controlled substance.
  • U.S. v. Rocha, 23-10681, appeal from N.D. Tex.
    • per curiam (Jones, Smith, Dennis), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Garcia, 23-10728, appeal from N.D. Tex.
    • per curiam (Jones, Southwick, Ho), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Mitchell-Bowlds, 23-10979, appeal from N.D. Tex.
    • per curiam (Davis, Willett, Oldham), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Rivens-Baker v. Shah, 23-20510, appeal from S.D. Tex.
    • per curiam (Stewart, Graves, Oldham), prisoner suit
    • Dismissing as frivolous appeal from dismissal of Texas state prisoner’s § 1983 action.
  • Ash v. Flowers Foods, Inc., 23-30356, appeal from W.D. La.
    • Wiener, J. (Wiener, Haynes, Higginson), Fair Labor Standards Act
    • Affirming summary judgment for bread manufacturer on distributors’ FLSA claims.
  • Spann v. Bogalusa Clerk of Court Office, 23-30820, appeal from E.D. La.
    • per curiam (Clement, Engelhardt, Ramirez), prisoner suit
    • Dismissing as frivolous appeal from dismissal of Louisiana state prisoner’s § 1983 claims.
  • Thomas v. Nino, 23-40385, appeal from S.D. Tex.
    • per curiam (Barksdale, Graves, Engelhardt), prisoner suit
    • Dismissing as frivolous appeal from dismissal of Texas state prisoner’s § 1983 action.
  • U.S. v. Bautista-Hernandez, 23-40514, appeal from S.D. Tex.
    • per curiam (Jones, Southwick, Ho), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Padron-Ramirez, 23-40567, appeal from S.D. Tex.
    • per curiam (Elrod, Oldham, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Sandoval-Pineda, 23-50175, appeal from W.D. Tex.
    • per curiam (Elrod, Oldham, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Terrazas, 23-50225, appeal from W.D. Tex.
    • per curiam (Elrod, Oldham, Wilson), criminal, search and seizure
    • Affirming conviction of possession of a firearm by a felon, upholding denial of motion to suppress.
  • U.S. v. Monita-Zamora, 23-50501, appeal from W.D. Tex.
    • per curiam (Elrod, Oldham, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Munoz-Perdomo, 23-50554, c/w 23-50555, appeal from W.D. Tex.
    • per curiam (Davis, Willett, Oldham), criminal, sentencing
    • Affirming conviction and 46-month sentence for illegal reentry.
  • Brown v. San Antonio Food Bank, 23-50564, appeal from W.D. Tex.
    • per curiam (Davis, Willett, Oldham), employment discrimination
    • Affirming summary judgment in favor of employer on plaintiff’s discrimination and retaliation claims.
  • Williams v. Moore, 23-50614, appeal from W.D. Tex.
    • per curiam (Smith, Higginson, Engelhardt), prisoner suit
    • Dismissing as frivolous appeal from denial of Rule 60(b) motion following dismissal of Texas state prisoner’s § 1983 action.
  • Castillo v. O’Malley, 23-50638, appeal from W.D. Tex.
    • per curiam (Jones, Southwick, Ho), social security
    • Affirming denial of disability benefits.
  • Xiong v. Garland, 23-60208, petition for review of BIA order
    • per curiam (Barksdale, Graves, Engelhardt), immigration
    • Denying Laotian citizen’s petition for review of BIA order upholding the immigration judge’s (IJ) denial of protection under the Convention Against Torture.
  • U.S. v. Roscoe, 23-60227, appeal from N.D. Miss.
    • per curiam (Richman, Graves, Wilson), criminal, Confrontation Clause
    • Affirming revocation of supervised release, finding no error in denial of confrontation of adverse witnesses at revocation hearing that would have affected the defendant’s substantive rights.
  • Escalon-Padilla v. Garland, 23-60238, petition for review of BIA order
    • per curiam (Jones, Smith, Dennis), immigration
    • Denying Honduran citizens’ petition for review of BIA order denying their motions for reconsideration and reopening.
  • Leiva v. Garland, 23-60341, petition for review of BIA order
    • per curiam (Barksdale, Graves, Oldham), immigration
    • Denying Salvadoran citizens’ petition for review of BIA order affirming immigration judge’s (IJ) denial of her application for asylum and withholding of removal; and denying her claim of ineffective assistance of counsel.
  • Fasken Land & Minerals, Ltd. v. Nuclear Regulatory Commission, 23-60377, petition for review of NRC order
    • per curiam (Jones, Elrod, Wilson), administrative law
    • Granting petition for review of license issued by NRC for establishment of a nuclear waste storage facility in New Mexico, and vacating the license.
  • Diaz-Pajardo v. Garland, 23-60437, petition for review of BIA order
    • per curiam (Barksdale, Graves, Oldham), immigration
    • Denying Guatemalan citizen’s petition for review of BIA order affirming the denial of her motion to reopen and to rescind her in absentia order of removal.
  • U.S. v. Mascarenas-Jaramillo, 24-40024, appeal from S.D. Tex.
    • per curiam (Smith, Southwick, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.