May 8, 2024, opinions

Posted on by tadbartlett

Unpublished

  • U.S. v. Orozco-Garcia, 23-10908, appeal from N.D. Tex.
    • per curiam (Elrod, Oldham, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Porter, 23-10943, appeal from N.D. Tex.
    • per curiam (Elrod, Oldham, Wilson), criminal, sentencing
    • Affirming 77-month sentence on conviction of possession of a firearm by a felon.
  • U.S. v. Esparza-Rodriguez, 23-10973, appeal from N.D. Tex.
    • per curiam (Higginson, Ho, Engelhardt), criminal, sentencing
    • Affirming 24-month sentence on conviction of illegal reentry.
  • U.S. v. Munsterman, 23-10993, appeal from N.D. Tex.
    • per curiam (Elrod, Oldham, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Alvarez-Chavarria, 23-11111, appeal from N.D. Tex.
    • per curiam (Elrod, Oldham, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Taylor, 23-20411, appeal from S.D. Tex.
    • per curiam (Jolly, Higginson, Duncan), criminal, sentencing
    • Affirming conviction and sentence for possession of a firearm by a felon.
  • Hanley v. Illinois Central Railroad Co., 23-30709, appeal from E.D. La.
    • per curiam (Higginson, Willett, Oldham), Federal Employers’ Liability Act
    • Affirming summary judgment in favor of railroad defendant on plaintiff’s FELA claim for injury while working on a railroad construction project, on basis that plaintiff was not a railroad employee.
  • Charter Communications, Inc. v. Prewitt Management, Inc., 23-50419, appeal from W.D. Tex.
    • per curiam (Richman, Oldham, Ramirez), diversity jurisdiction
    • Remanding appeal from final judgment, for limited purpose of conducting review of full jurisdictional facts to determine if one party’s “principal office” meets the requirements of a “principal place of business,” and to fully determine the citizenship of members of another party LLC and of the partners of an LP party.
  • U.S. v. Chocooj-Botzoc, 23-50817, appeal from W.D. Tex.
    • per curiam (Elrod, Oldham, Wilson), criminal, sentencing
    • Affirming sentence on conviction of illegal reentry.