Designated for publication
- Sanders v. The Boeing Co., 22-20317, appeal from S.D. Tex.
- Elrod, J. (Elrod, Ho, Wilson), timeliness
- After receiving response from Texas Supreme Court on certified question, reversing district court’s dismissal of claims as barred by the statute of limitations, and remanding for further proceedings.
- Hughes v. Garcia, 22-20621, appeal from S.D. Tex.
- Oldham, J. (Jolly, Engelhardt, Oldham), qualified immunity
- Affirming denial of qualified immunity. To quote from the Court’s introduction: “For those who worry that qualified immunity can be invoked under absurd circumstances: Buckle up. Austin Thompson Hughes is a Good Samaritan. After 2:30 a.m., Hughes called 911 to report a pickup truck swerving violently across a four-lane highway in Houston. While Hughes was on the phone with emergency dispatchers, the drunk driver crashed. Still on the phone with 911, Hughes pulled behind the drunk driver and effectuated a citizen’s arrest in accordance with Texas law. But when police officers arrived at the scene, they let the drunk driver go and then arrested Good Samaritan Hughes. (Seriously.) Piling insanity on irrationality, the officers then charged Hughes with a felony for impersonating a peace officer. Hughes spent thousands of dollars defending against the frivolous criminal charges before the City of Houston dropped them. Then Hughes brought this § 1983 suit against the two officers who victimized him. The district court denied qualified immunity. We affirm. (Obviously.)”
- Ganpat v. Eastern Pacific Shipping PTE, Ltd., 22-30758, c/w 23-30021, appeal from E.D. La.
- Engelhardt, J. (Dennis, Engelhardt, Oldham), choice of law, maritime law
- Reversing district court’s holding that the Jones Act and general maritime law under U.S. law governed the claims of the plaintiff, an Indian citizen, who contracted malaria in Africa while working as a member of the crew of a Liberian ship managed by a Singaporean shipping management company; and remanding.
- DC Operating, L.L.C. v. Paxton, 22-50612, appeal from W.D. Tex.
- Ho, J. (Richman, Jones, Ho), standing, First Amendment, Equal Protection
- Dismissing appeal by strip club challenging Texas law raising minimum age of nude dancers from 18 to 21, on holding that club did not have standing to raise the claims of the employees’ expressive interest or equal protection rights. “But although Plaintiffs emphasize the various injuries suffered by the employees, they never argue that the law burdens the constitutional rights of the business, DC Operating. They do not allege that the age of the club’s dancers plays a role in any message that DC Operating intends to convey, that it possesses a constitutional right to hire certain employees, or that the law deprives it of equal protection.”
- Sentry Insurance v. Morgan, 23-10888, appeal from N.D. Tex.
- per curiam (Davis, Smith, Haynes), insurance
- Reversing district court’s dismissal of insurer’s petition to appoint an umpire for lack of subject matter jurisdiction, and remanding for additional proceedings.
- U.S. v. Lamartiniere, 23-30191, appeal from M.D. La.
- Davis, J. (Davis, Smith, Haynes), criminal, sufficiency of evidence
- Affirming conviction of defendant on twenty counts of unlawful distribution of controlled substances, upholding jury instructions and finding there is sufficient evidence in the record to support the jury’s conviction.
- Rangel v. Garland, 23-60089, petition for review of BIA order
- Smith, J. (Higginbotham, Smith, Higginson), immigration
- Denying Mexican citizens’ petition for review of BIA order denying their application for asylum relief, withholding of removal, and relief under the Convention Against Torture (“CAT”).
Unpublished
- U.S. v. Young, 22-11098, appeal from N.D. Tex.
- per curiam (Jolly, Engelhardt, Douglas), criminal, sentencing
- Affirming conviction and 120-month sentence for possession of a firearm by a felon.
- U.S. v. Purdy, 23-10501, c/w 23-10502, appeal from N.D. Tex.
- per curiam (Smith, Higginson, Engelhardt), criminal, sentencing
- Affirming conviction and sentence for possession of a firearm by a felon and revocation of supervised release.
- McNeely v. State Farm Lloyds, 23-10684, appeal from N.D. Tex.
- per curiam (Dennis, Southwick, Ho), insurance
- Affirming district court’s judgments in favor insurer on plaintiff’s claim for coverage and prompt payment for hail and storm damage.
- U.S. v. Taylor, 23-10688, appeal from N.D. Tex.
- per curiam (King, Haynes, Graves), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- U.S. v. Carrasquillo, 23-10708, appeal from N.D. Tex.
- per curiam (Elrod, Oldham, Wilson), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- U.S. v. Magana-Valdez, 23-10886, appeal from N.D. Tex.
- per curiam (Elrod, Oldham, Wilson), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- U.S. v. Polson, 23-10899, appeal from N.D. Tex.
- per curiam (Elrod, Oldham, Wilson), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- U.S. v. Joiner, 23-10977, appeal from N.D. Tex.
- per curiam (Higginson, Ho, Engelhardt), criminal, sentencing
- Affirming 57-month sentence on conviction of possession of a firearm by a felon.
- U.S. v. Tejada-Cruz, 23-11011, appeal from N.D. Tex.
- per curiam (Duncan, Wilson, Douglas), criminal, sentencing
- Affirming 75-month sentence and conviction of possession of a firearm by a felon and possession with intent to distribute a controlled substance.
- Garcia v. The Delta Companies, 23-11066, appeal from N.D. Tex.
- per curiam (King, Haynes, Graves), employment discrimination
- Affirming dismissal of plaintiff’s defamation, fraud, and age discrimination claims.
- U.S. v. Martinez-Heredia, 23-11088, appeal from N.D. Tex.
- per curiam (Elrod, Oldham, Wilson), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- Welsh v. Thorne, 23-11109, appeal from N.D. Tex.
- per curiam (Smith, Southwick, Wilson), prisoner suit
- Dismissing as frivolous appeal from dismissal of Texas state prisoner’s § 1983 action, and imposing sanction.
- U.S. v. Cao, 23-11215, appeal from N.D. Tex.
- per curiam (Elrod, Oldham, Wilson), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- Buchanan v. Harris, 23-20128, appeal from S.D. Tex.
- Clement, J. (Jones, Clement, Wilson), prisoner suit
- Affirming dismissal of pretrial detainee’s claims for failure to exhaust administrative remedies.
- U.S. v. Rakestraw, 23-20395, appeal from S.D. Tex.
- per curiam (Barksdale, Engelhardt, Wilson), criminal, sentencing
- Affirming 30-month sentence on conviction of making false statements in connection with the acquisition of a firearm.
- U.S. v. Montalvo, 23-20501, appeal from S.D. Tex.
- per curiam (Elrod, Oldham, Wilson), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- U.S. v. Osemwengie, 23-20511, appeal from S.D. Tex.
- per curiam (Duncan, Wilson, Ramirez), criminal, sentencing
- Affirming 6-month prison sentence and 6-month home detention sentence on conviction of conspiring to defraud the United States and to pay and receive health care kickbacks.
- U.S. v. Anderson, 23-30167, appeal from E.D. La.
- per curiam (Elrod, Oldham, Wilson), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- U.S. v. Young, 23-30379, appeal from W.D. La.
- per curiam (Elrod, Oldham, Wilson), criminal, sentencing
- Affirming consecutive 264-month and 60-month sentences on conviction of possession with intent to distribute methamphetamine and possession of a firearm in furtherance of a drug trafficking offense.
- Greenwald v. Murrill, 23-30429, appeal from E.D. La.
- per curiam (King, Ho, Engelhardt), due process
- Dismissing as moot (due to superseded original complaint) appeal from dismissal of due process claims arising from prosecution for failure to register on the sex offender registry.
- U.S. v. Daniel, 23-30491, appeal from W.D. La.
- per curiam (Higginson, Willett, Oldham), criminal, search and seizure
- Affirming conviction of possession with intent to distribute five kilograms or more of cocaine, upholding denial of motion to suppress.
- U.S. v. Gray, 23-30503, appeal from E.D. La.
- per curiam (Barksdale, Graves, Oldham), criminal, sentencing
- Affirming conviction and 180-month sentence for possession with the intent to distribute a controlled substance, possession of firearms in furtherance of a drug-trafficking crime, and possession of a firearm by a felon.
- Lund v. Coastal Development Group Inc. of Greater New Orleans, 23-30647, appeal from E.D. La.
- per curiam (Elrod, Duncan, Ramirez), personal tort
- Affirming judgment in favor of defendant, with no description of what the case is about or what issues were before the Court.
- U.S. v. Zeno, 23-30651, appeal from W.D. La.
- per curiam (Dennis, Southwick, Ho), criminal, sentencing
- Vacating sentence on conviction of possession of a firearm by a felon, finding that district court improperly calculated the guidelines range, and remanding for resentencing.
- U.S. v. Martin, 23-30665, appeal from W.D. La.
- per curiam (Barksdale, Graves, Oldham), criminal, sentencing
- Affirming 274-month sentence on conviction of possession with intent to distribute methamphetamine.
- U.S. v. Soliz, 23-40265, appeal from S.D. Tex.
- per curiam (Elrod, Oldham, Wilson), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- Roe v. Patterson, 23-40281, appeal from E.D. Tex.
- per curiam (King, Ho, Engelhardt), defamation
- Affirming in part district court’s dismissal of claims arising from sexual assault on campus, but certifying to state supreme court two questions arising from plaintiff’s defamation claims that arose from the response to the allegations of sexual assault:
- Can a person who supplies defamatory material to another for publication be liable for defamation?
- If so, can a defamation plaintiff survive summary judgment by presenting evidence that a defendant was involved in preparing a defamatory publication, without identifying any specific statements made by the defendant?
- Thomas v. Lumpkin, 23-40394, appeal from E.D. Tex.
- per curiam (Barksdale, Graves, Oldham), prisoner suit
- Affirming dismissal of Texas state prisoner’s § 1983 claims.
- U.S. v. Guerra, 23-40415, appeal from S.D. Tex.
- per curiam (Elrod, Oldham, Wilson), criminal, compassionate release
- Affirming denial of motion for compassionate release.
- U.S. v. Guerra, 23-40488, appeal from E.D. Tex.
- per curiam (Elrod, Oldham, Wilson), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- U.S. v. Llano-Lara, 23-40573, appeal from S.D. Tex.
- per curiam (Higginbotham, Stewart, Southwick), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- Jones v. Lumpkin, 23-40612, appeal from S.D. Tex.
- per curiam (Elrod, Oldham, Wilson), prisoner suit
- Affirming dismissal of Texas state prisoner’s § 1983 action.
- U.S. v. Moreno, 23-40647, appeal from S.D. Tex.
- per curiam (King, Haynes, Graves), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- U.S. v. Gongora, 23-40682, appeal from E.D. Tex.
- per curiam (King, Haynes, Graves), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- U.S. v. Rodriguez, 23-50069, appeal from W.D. Tex.
- per curiam (Jones, Clement, Wilson), criminal, sentencing
- Vacating 60-month sentence on conviction of purchasing firearms by false statement, and remanding for resentencing under the correct guidelines range.
- U.S. v. Brown, 23-50222, appeal from W.D. Tex.
- per curiam (Jones, Southwick, Ho), criminal, sentencing
- Affirming 180-month sentence on conviction of being a felon in possession of ammunition.
- U.S. v. Ballesteros-Saiz, 23-50325, appeal from W.D. Tex.
- per curiam (Smith, Higginson, Engelhardt), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- U.S. v. Vasquez, 23-50518, appeal from W.D. Tex.
- per curiam (Barksdale, Graves, Oldham), criminal, guilty plea
- Affirming guilty plea conviction of transportation of illegal aliens, finding a sufficient factual basis for plea.
- U.S. v. Hernandez, 23-50529, appeal from W.D. Tex.
- per curiam (Barksdale, Graves, Oldham), criminal, sentencing
- Affirming 300-month sentence and conviction of conspiracy to possess with intent to distribute methamphetamine and possession of a firearm during the commission of a drug-trafficking crime.
- U.S. v. Medina-Rodriguez, 23-50597, appeal from W.D. Tex.
- per curiam (Duncan, Wilson, Ramirez), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- U.S. v. Ramirez, 23-50604, c/w 23-50610, appeal from W.D. Tex.
- per curiam (King, Haynes, Graves), criminal, sentencing
- Affirming convictions and sentences for possession with the intent to distribute methamphetamine and possession of a firearm after a felony conviction.
- U.S. v. Garcia, 23-50629, appeal from W.D. Tex.
- per curiam (King, Haynes, Graves), criminal, compassionate release
- Affirming denial of motion for compassionate release.
- U.S. v. Burciaga-Herrera, 23-50790, appeal from W.D. Tex.
- per curiam (Davis, Willett, Oldham), criminal, sentencing
- Affirming conviction and sentence for illegal reentry.
- U.S. v. Robledo, 23-50909, appeal from W.D. Tex.
- per curiam (Elrod, Oldham, Wilson), criminal, sentencing
- Affirming conviction and sentence for illegal reentry.
- Singh v. Garland, 23-60342, petition for review of BIA order
- per curiam (Dennis, Southwick, Ho), immigration
- Denying Indian citizen’s petition for review of BIA order upholding IJ’s finding that Singh failed to adequately show that he was persecuted in the past or that there was a reasonable possibility of persecution upon return to his country.
- Lopez-Gonzalez v. Garland, 23-60344, petition for review of BIA order
- per curiam (Barksdale, Engelhardt, Wilson), immigration
- Denying Guatemalan citizens’ petition for review of BIA order upholding the denial of asylum, withholding of removal, and protection under the Convention Against Torture.
- Saenz v. Garland, 23-60416, petition for review of BIA order
- per curiam (Barksdale, Engelhardt, Wilson), immigration
- Denying Mexican citizen’s petition for review of BIA order denying her motion to reopen her immigration proceedings.
- Pitts v. Waffle House, Inc., 23-60436, appeal from S.D. Miss.
- per curiam (Dennis, Southwick, Ho), employment discrimination, Title VII
- Affirming dismissal of plaintiff’s employment discrimination claims.
- Gamoneda-Romero v. Garland, 23-60476, petition for review of BIA order
- per curiam (Barksdale, Graves, Oldham), immigration
- Denying Honduran citizen’s petition for review of BIA order dismissing her appeal from an Immigration Judge’s (IJ) denial of: asylum, withholding of removal, and protection under the Convention Against Torture.
- U.S. v. Taylor, 23-60484, appeal from N.D. Miss.
- per curiam (Jones, Southwick, Ho), criminal, sentencing
- Affirming 135-month sentence on conviction of interstate transportation of a visual depiction of a minor engaging in sexually explicit conduct.
- Portillo-Sagastume v. Garland, 23-60488, petition for review of BIA order
- per curiam (Barksdale, Engelhardt, Wilson), immigration
- Denying Guatemalan citizen’s petition for review of BIA order dismissing her appeal from the Immigration Judge’s (IJ) ordering her removed and denying her application for asylum, withholding of removal, and protection.
- U.S. v. Jennings, 23-60516, appeal from S.D. Miss.
- per curiam (Duncan, Wilson, Ramirez), criminal, search and seizure
- Affirming convictions of Hobbs Act robbery, discharging and brandishing a firearm during and in relation to a crime of violence, and possession of a firearm after a felony conviction, upholding denial of motion to suppress.
- Mack v. U.S., 23-60558, appeal from N.D. Miss.
- per curiam (Clement, Duncan, Douglas), § 1983
- Affirming dismissal of claims.
- Chavez-Villatoro v. Garland, 23-60559, petition for review of BIA order
- per curiam (Elrod, Oldham, Wilson), immigration
- Denying Salvadoran citizen’s petition for review of BIA order dismissing his appeal from an order of an Immigration Judge (IJ) denying his application for withholding of removal and relief under the Convention Against Torture (CAT) and ordering him removed.
- Corvera v. Garland, 23-60563, petition for review of BIA order
- per curiam (Higginbotham, Stewart, Southwick), immigration
- Denying Salvadoran citizen’s petition for review of BIA order denying her request for administrative closure and affirming the decision of an Immigration Judge (“IJ”) denying her request for withholding of removal.
- U.S. v. Perales, 24-10001, appeal from N.D. Tex.
- per curiam (King, Haynes, Graves), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
Take the Fifth 