Designated for publication
- U.S. v. West, 22-11001, appeal from N.D. Tex.
- per curiam (Elrod, Willett, Duncan), criminal, restitution
- Vacating $6,000 restitution award issued as part of sentence on conviction of production of child pornography, on holding that PSR cited inapplicable statutes and failed to conduct a proximate-cause analysis; and remanding for further proceedings.
- U.S. v. Perkins, 22-50987, appeal from W.D. Tex.
- Smith, J. (Higginbotham, Smith, Higginson), criminal, competence, sentencing
- Affirming conviction on child pornography charges, upholding district court’s findings that defendant was competent to stand trial; but vacating 157 years of consecutive sentences and remanding for resentencing.
- McRorey v. Garland, 23-10837, appeal from N.D. Tex.
- Smith, J. (Smith, Haynes, Douglas), Second Amendment
- Affirming the denial of preliminary injunction of the provisions of the Bipartisan Safer Communities Act of 2022 that provided for expanded background checks for 18- to 20-year-olds. “This case presents the latest rendition of the question we face during the Bruen-Rahimi interregnum: What part of Bruen controls our evaluation of a firearm regulation? Its imposition of an historical showing to be made by the government? Or its various assurances that it did not disturb common-place regulations in shall-issue regimes? In this case, it is the latter.”
- The Court observed, “The plain text [of the Second Amendment] covers plaintiffs’ right ‘to keep and bear arms.’ U.S. Const. amend. II. And on its face ‘keep and bear’ does not include purchase—let alone without background check. That is so in either the contemporary or the Founding-era context.” (Footnotes omitted). Ultimately, the Court left open the proposition that there may be some length of waiting period that would be abusive under the Second Amendment, but did not find the need to define that time period in this case: “In short, there is some point at which a background check becomes so lengthy that it is ‘put towards abusive ends’ or subject to Bruen’s historical framework as a de facto prohibition on possession. But a period of 10 days does not qualify.”
- Georgia Firefighters’ Pension Fund v. Norfolk City Council, 23-20424, appeal from S.D. Tex.
- Ho, J. (King, Ho, Engelhardt), securities law, class certification, sur-replies
- Vacating order certifying class in claims alleging violation of securities law, where plaintiffs presented new evidence in reply brief in support of class certification and district court did not allow defendant to file sur-reply addressing new evidence.
- The Court held that the adversarial process required allowing the sur-reply. “Ordinarily, sur-replies are heavily disfavored, and the decision to allow a sur-reply lies within the district court’s discretion. But when a party raises new arguments or evidence for the first time in a reply, the district court must either give the other party an opportunity to respond or decline to rely on the new arguments and evidence.” (Internal quotation marks and citation omitted).
- U.S. v. Sterling, 23-30069, appeal from M.D. La.
- Higginson, J. (Higginbotham, Smith, Higginson), criminal, Sixth Amendment, competence
- Affirming conviction of defendant on multiple fraud counts, rejecting pro se defendant’s arguments that the district court erred in denying his motion for substitute counsel, finding that he had validly waived counsel, permitting him to proceed pro se at competency hearing, determining he was competent to stand trial, and denying request for a presentencing competency hearing.
- Good River Farms, L.P. v. TXI Operations, L.P., 23-50330, appeal from W.D. Tex.
- Douglas, J. (Smith, Haynes, Douglas), business tort
- Affirming judgment on jury verdict in favor of plaintiff on claims that neighboring strip mining operation was operated negligently, allowing for failure of surface water impoundment and resulting damage to pecan orchard.
- Kinsdale Insurance Co. v. Flyin’ Diesel Performance & Offroad, L.L.C., 23-50336, appeal from W.D. Tex.
- Smith, J. (Higginbotham, Smith, Higginson), insurance
- Reversing partial summary judgment in favor of insured on claim for coverage for underlying personal tort actions arising from drag racing event held on the insured’s property, and remanding with instructions to render summary judgment in favor of insurer.
Unpublished
- U.S. v. Miles, 22-10932, appeal from N.D. Tex.
- per curiam (Richman, Oldham, Ramirez), criminal, guilty plea
- Dismissing appeal of conviction and sentence for possession of an unregistered short-barreled rifle, pursuant to the appeal waiver in the guilty plea agreement.
- Calton v. Patel, 22-40729, appeal from E.D. Tex.
- per curiam (Elrod, Graves, Ashe, by designation), prisoner suit
- Affirming in part and reversing in part dismissal of Texas state prisoner’s § 1983 claims arising from dental care, and remanding for further proceedings.
- U.S. v. Razo-Perez, 22-51017, appeal from W.D. Tex.
- per curiam (Willett, Duncan, Ramirez), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- HavMmeri v. Methodist Health Systems, 23-10880, appeal from N.D. Tex.
- per curiam (Elrod, Oldham, Wilson), employment discrimination
- Affirming dismissal of plaintiffs’ claims arising from termination of his employment.
- Neal v. Demaroney, 23-10889, appeal from N.D. Tex.
- per curiam (Smith, Higginson, Engelhardt), prisoner suit
- Dismissing appeal, due to decertification of IFP status, of dismissal of Texas state prisoner’s § 1983 claims.
- U.S. v. Bohannon, 23-10925, appeal from N.D. Tex.
- per curiam (Willett, Duncan, Ramirez), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- White v. Texas, 23-11190, appeal from N.D. Tex.
- per curiam (Willett, Duncan, Ramirez), § 1983
- Affirming dismissal of plaintiff’s 108 claims against officials arising from criminal trespass complaint against him for violating order to not enter the city library grounds after his harassing conduct.
- Boles v. Wal-Mart Stores Texas, L.L.C., 23-20287, appeal from S.D. Tex.
- per curiam (Barksdale, Southwick, Graves), arbitration
- Dismissing appeal of district court’s order compelling arbitration in face of plaintiff’s attempt to disaffirm arbitration agreement after he reached the age of majority, due to incompleteness of record.
- Perez v. Disney Corp., 23-20432, appeal from S.D. Tex.
- per curiam (Higginbotham, Stewart, Southwick), trade practices
- Affirming dismissal of pro se plaintiff’s claims of violation of copyright laws, intentional infliction of emotional distress, and restraint of trade.
- Simmons v. Consumer Assistance Group, 23-20486, appeal from S.D. Tex.
- per curiam (Elrod, Haynes, Douglas), foreclosure
- Dismissing as frivolous appeal from dismissal of claims against various banks, bank officials, and federal officials.
- U.S. v. Aqeel, 23-20495, appeal from S.D. Tex.
- per curiam (Jones, Southwick, Ho), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- U.S. v. Fleming, 23-20503, appeal from S.D. Tex.
- per curiam (Smith, Southwick, Wilson), criminal, compassionate release
- Dismissing as frivolous appeal from denial of motion for compassionate release.
- Smith v. Terry, 23-50288, appeal from W.D. Tex.
- per curiam (Smith, Haynes, Douglas), bankruptcy
- Affirming imposition of gatekeeping order on debtor with regard to bringing injunction claims against the trustee, the trustee’s counsel, and other named parties.
- Mungaray v. Collier, 23-50595, appeal from W.D. Tex.
- per curiam (Elrod, Duncan, Ramirez), prisoner suit
- Affirming dismissal of Texas state prisoner’s § 1983 claims.
- Zelaya-Flores v. Garland, 23-60453, petition for review of BIA order
- per curiam (Smith, Higginson, Engelhardt), immigration
- Denying Honduran citizens’ petition for review of BIA order upholding the denial of asylum, withholding of removal, and protection under the CAT.
- U.S. v. Gaston, 23-60459, appeal from N.D. Miss.
- per curiam (Davis, Ho, Ramirez), criminal, sentencing
- Affirming 188-month sentence on conviction of possession with intent to distribute fentanyl.
- U.S. v. Washington, 23-60477, appeal from S.D. Miss.
- per curiam (Willett, Duncan, Ramirez), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- Loftis v. Collier, 24-50036, appeal from W.D. Tex.
- per curiam (Haynes, Willett, Duncan), prisoner suit
- Affirming dismissal of Texas state prisoner’s § 1983 claims.
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