Designated for publication Graves, J. (Richman, Graves, Wilson), criminal, sentencing Vacating sentence that relied on career offender enhancement on conviction for conspiracy to distribute five kilograms or more of cocaine hydrochloride and 280 grams of cocaine base, and remanding for resentencing. The Court summarized: “When the Government fails to prove by a preponderance of the … More May 30, 2024, opinions
Designated for publication per curiam (Richman, Higginbotham, Willett), Richman, C.J., dissenting in part; securities law, fraud, breach of contract Affirming summary judgment dismissal of extracontractual and Texas Securities Act fraud claims; but reversing summary judgment on federal securities law and Delaware common law fraud claims; and remanding for further proceedings. Claims arose from an agreement … More May 23-29, 2024, opinions
Designated for publication Dennis, J. (Dennis, Southwick, Wilson), Wilson, J., concurring (joined by Southwick, J.), racial discrimination, Title II Reversing summary judgment in favor of defendant owner of restaurant, on plaintiff’s claims of racial discrimination in public accommodations after restaurant allegedly refused to seat her family group at a table and then offered the same … More May 22, 2024, opinions
Designated for publication Southwick, J. (Southwick, Engelhardt, Wilson), criminal, First Step Act Affirming denial of a second motion for sentence reduction under the First Step Act filed by defendant serving concurrent 360-month sentences for multiple drug conspiracy offenses involving both crack and powder cocaine and a consecutive 120-month sentence for using and possessing a semiautomatic … More May 21, 2024, opinions
Unpublished Graves, J. (Richman, Graves, Wilson), criminal, restitution Affirming district court’s order to Bureau of Prisons to transfer funds from defendant’s inmate account to cover restitution payments. per curiam (Barksdale, Engelhardt, Wilson), criminal, sentencing Affirming 540-month sentence on conviction of conspiracy to commit carjacking, carjacking, brandishing a firearm during a crime of violence, attempted carjacking, … More May 20, 2024, opinions
Designated for publication Dennis, J. (Dennis, Southwick, Ho), criminal, search and seizure Affirming conviction of defendant for transporting undocumented aliens, upholding denial of motion to suppress that was brought on the basis that the alert of a Border Patrol canine was insufficient reasonable suspicion to extend the stop and probable cause to search because the … More May 16-17, 2024, opinions
Unpublished per curiam (Higginbotham, Stewart, Southwick), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Elrod, Graves, Ashe, by designation), criminal Vacating conviction of being an unlawful drug user in possession of a firearm, and remanding for consideration of as-applied constitutional challenge in light of U.S. v. Daniels, 77 F.4th 337 (5th Cir. … More May 15, 2024, opinions
Unpublished per curiam (King, Haynes, Graves), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Jones, Clement, Wilson), Title VII, employment discrimination Vacating district court’s summary judgment dismissal of claims for failure to pay bonuses, and affirming summary judgment dismissal of all remaining discrimination claims, and remanding for further proceedings. per curiam (Willett, … More May 14, 2024, opinions
Designated for publication Jones, J. (King, Jones, Oldham), bankruptcy Affirming denial of motion to vacate bankruptcy court’s order removing four members of the Official Committee of Unsecured Creditors in the Archdiocese’s Chapter 11 bankruptcy, and holding that the former members of the committee lack standing to prosecute the appeal. Jolly, J. (Jolly, Smith, Haynes), federal … More May 13, 2024, opinions
Unpublished per curiam (Smith, Higginson, Engelhardt), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Davis, Ho, Ramirez), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Elrod, Oldham, Wilson), criminal, supervised release Affirming supervised release term that, if the defendant’s probation officer determines that the defendant poses a risk to … More May 10, 2024, opinions
