June 4, 2024, opinions

Designated for publication

  • North American Savings Bank, F.S.B. v. Nelson, 23-60363, appeal from N.D. Miss.
    • Wilson, J. (Clement, Engelhardt, Wilson), commercial litigation
    • Affirming summary judgment in favor of bank, holding that Mississippi law allowed a loan guaranty to be transferred from original lender and that guarantor could not assert equitable defenses belonging to the borrower.

Unpublished

  • Carl v. Hilcorp Energy Co., 22-20226, appeal from S.D. Tex.
    • per curiam (Dennis, Elrod, Ho), mineral law
    • After receiving response from Texas Supreme Court on certified questions, affirming district court judgment that gas used for off-lease post-production processes could be deducted prior to calculation of royalties.
  • Horak v. U.S. Citizenship and Immigration Services, 23-10437, appeal from N.D. Tex.
    • per curiam (Clement, Engelhardt, Wilson), immigration
    • Affirming district court’s denial of petition for review of USCIS determination that plaintiff’s marriage to her ex-husband was a sham, for purposes of denying application for naturalization.
  • U.S. v. Estrada, 23-10497, appeal from N.D. Tex.
    • per curiam (Smith, Wiener, Douglas), criminal, sentencing
    • Affirming 360-month sentence on conviction of conspiracy to possess with intent to distribute 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine and possession with intent to distribute 500 grams or more of a mixture or substance containing a detectable amount of methamphetamine.
  • U.S. v. Williams, 23-11176, appeal from N.D. Tex.
    • per curiam (King, Haynes, Graves), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Carter, 23-20509, appeal from S.D. Tex.
    • per curiam (King, Haynes, Graves), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Palomares-Guerrero, 23-40090, appeal from S.D. Tex.
    • per curiam (Southwick, Haynes, Graves), criminal, sentencing
    • Affirming 35-month sentence and conviction of illegal reentry.
  • U.S. v. Burton, 23-40460, appeal from S.D. Tex.
    • per curiam (Clement, Engelhardt, Wilson), criminal, sentencing
    • Affirming sentence on conviction of conspiracy to transport an undocumented alien within the United States and transporting or attempting to transport an undocumented alien within the United States.
  • U.S. v. Rangel, 23-40542, appeal from S.D. Tex.
    • per curiam (Clement, Elrod, Ho), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Anderson, 23-50110, appeal from W.D. Tex.
    • per curiam (Smith, Elrod, Graves), criminal, search and seizure
    • Affirming conviction of possession of a firearm by a felon, upholding denial of motion to suppress on finding that officer had reasonable suspicion for traffic stop.