May 10, 2024, opinions

Posted on by tadbartlett

Unpublished

  • U.S. v. Hernandez, 23-11039, appeal from N.D. Tex.
    • per curiam (Smith, Higginson, Engelhardt), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Ramos-Martinez, 23-50326, appeal from W.D. Tex.
    • per curiam (Davis, Ho, Ramirez), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Montanez, 23-50681, appeal from W.D. Tex.
    • 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 another person, then the defendant may require notification of that other person of the risk, rejecting argument that this condition was an improper delegation of judicial authority to the probation officer.
  • Texas v. Securities and Exchange Commission, 23-60079, petition for review of SEC final action
    • per curiam (Dennis, Southwick, Ho), Ho, J., concurring in judgment; administrative law, standing
    • Dismissing petition for review of SEC rule requiring disclosure of funds’ votes on ESG matters, on basis that State petitioners did not have standing; rejecting States’ pass-through economic-injury theory of direct injury to the States, and rejecting States’ parens patriae theory of standing.
    • Judge Ho concurred in judgment: “I agree that there is not sufficient evidence in the record to establish the States’ standing, and that we are accordingly duty bound to dismiss the petition for review. Of course, if the States believe that they can assemble stronger evidence of injury than that presently available in this record, they may refile. And it appears that the States believe that they can.”