June 25, 2024, opinions

Posted on by tadbartlett

Designated for publication

  • Texas v. Yellen, 22-10560, appeal from N.D. Tex.
    • Elrod, J. (Elrod, Ho, Oldham), COVID-19, American Rescue Plan Act, Spending Clause
    • Affirming permanent injunction against enforcement of provision in the American Rescue Plan Act, which allocated $200 billion to the states to assist in economic recovery from the COVID-19 pandemic, holding that provision that states must agree to not use funds to “directly or indirectly offset” reductions in state tax revenue was impermissibly ambiguous under the Spending Clause.
    • The Court held first that the States have standing. “The States’ alleged injuries—their being coerced and commandeered by Section 802(c)(2)(A)—are directly traceable to the federal defendants who are responsible for enforcing it. … [A]ssuming that the States’ interpretation of ARPA is correct, they have suffered at least two concrete injuries. First, ARPA coerces them into making a choice between losing potentially billions of dollars or surrendering their ability to set state tax policy.”
    • On the merits, the Court held, “Congress may not use its spending power to functionally commandeer the states. It may not coerce the states into accepting federal grant programs by presenting offers that are, for practical purposes, impossible to refuse. … Section 802(c)(2)(A) fails constitutional muster for the related but much simpler reason that the condition it imposes is impermissibly ambiguous. In short, the district court held that Section 802(c)(2)(A) was unconstitutional because it ‘prohibits tax cuts altogether.’ We, however, hold that it is unconstitutional because it might. The States are unable to tell one way or the other.”
  • U.S. v. Boukamp, 22-11035, appeal from N.D. Tex.
    • Clement, J. (Clement, Southwick, Ho), criminal, competency, jury instructions, sentencing
    • Affirming conviction and life sentence for kidnapping, interstate transfer of a minor for sexual exploitation, production and possession of child pornography, and related charges. Rejecting defendant’s challenges on nine issues: “(1) whether the district court erred in finding Boukamp competent to stand trial, (2) whether the district court made constitutionally impermissible remarks regarding Boukamp’s decision not to testify in his own defense, (3) whether Boukamp’s life sentence was substantively unreasonable, (4) whether the district court provided erroneous jury instructions on Counts One and Two of the indictment, (5) whether the district court impermissibly limited Boukamp’s ability to cross-examine witnesses, (6) whether the district court erred by denying Boukamp’s motion to continue the trial, (7) whether the cumulative-error doctrine warrants reversal, (8) whether the district court erred by requiring Boukamp to testify in a question-and-answer format if he decided to testify on his own behalf, and (9) whether the district court erred in permitting Boukamp to represent himself at trial.”
  • Ascension Data & Analytics, L.L.C. v. Pairprep, Inc., 23-11026, appeal from N.D. Tex.
    • Wiener, J. (Smith, Wiener, Douglas), arbitration
    • Affirming dismissal of application to vacate an arbitral award under Section 10 of the FAA, for want of jurisdiction.
    • The Court rejected the plaintiff’s argument that it should “look through” the application for vacatur to the underlying dispute to determine the existence of an independent basis for jurisdiction, as foreclosed by the Supreme Court’s decision in Badgerow v. Walters.

Unpublished

  • U.S. v. Griffin, 22-60453, appeal from S.D. Miss.
    • per curiam (Clement, Southwick, Ho), habeas corpus
    • Remanding appeal of denial of § 2255 motion, for district court to conduct evidentiary hearing on ineffective assistance claim.
  • U.S. v. Garcia-Rodriguez, 23-10577, appeal from N.D. Tex.
    • per curiam (Elrod, Oldham, Wilson), criminal, sentencing
    • Affirming sentence on conviction of conspiracy to possess with intent to distribute cocaine.
  • U.S. v. West, 23-11049, appeal from N.D. Tex.
    • per curiam (Elrod, Oldham, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Gonzalez, 23-11250, appeal from N.D. Tex.
    • per curiam (Elrod, Oldham, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Carter, 23-20508, appeal from S.D. Tex.
    • per curiam (Elrod, Oldham, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Burnett, 23-20518, appeal from S.D. Tex.
    • per curiam (Elrod, Oldham, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Navarra v. State Farm Lloyds, 23-20582, appeal from S.D. Tex.
    • per curiam (Davis, Willett, Oldham), insurance
    • Affirming summary judgment dismissal of plaintiffs’ claims for violations of the Texas Insurance Code and common law bad faith.
  • Diggles v. Lindsay Law Firm P.L.L.C., 23-20594, appeal from S.D. Tex.
    • per curiam (Stewart, Graves, Oldham), § 1983
    • Dismissing as frivolous appeal from dismissal of civil rights claims.
  • U.S. v. Valdez, 23-30611, appeal from W.D. La.
    • per curiam (Barksdale, Graves, Oldham), criminal, sentencing
    • Affirming 168-month sentence on conviction of conspiracy to possess with intent to distribute 50 grams or more of methamphetamine and possession of a firearm by a felon.
  • Huisman North America Services, L.L.C. v. Pharma-Safe Industrial Services, Inc., 23-30672, appeal from E.D. La.
    • per curiam (Dennis, Southwick, Ho), indemnification
    • Reversing district court’s summary judgment that injured plaintiff’s employer did not need to indemnify the medical services contractor for the owner of the vessel where the plaintiff was injured, rendering summary judgment requiring indemnification, and remanding for further proceedings. “An offshore worker’s claim arises out of or is incident to his services if it involves the quality of emergency medical care received while living onboard an offshore vessel.”
  • U.S. v. Grajeda, 23-50091, appeal from W.D. Tex.
    • Ramirez, J. (Elrod, Ramirez, Ashe, by designation), criminal, sentencing
    • Affirming 260-month sentence and conviction of possession and conspiracy to possess with intent to distribute narcotics.
  • U.S. v. Rodriguez-Cornejo, 23-50532, appeal from W.D. Tex.
    • per curiam (Barksdale, Graves, Oldham), criminal, sentencing
    • Affirming conviction and sentence for conspiracy to possess with intent to distribute at least 500 grams of methamphetamine.
  • Castillo v. Garland, 23-60502, petition for review of BIA order
    • per curiam (Barksdale, Graves, Oldham), immigration
    • Denying Mexican citizens’ petition for review of BIA dismissal of their appeal from an immigration judge’s (IJ) denial of: asylum, withholding of removal, and protection under the Convention Against Torture.
  • Galeana v. Garland, 23-60596, petition for review of BIA order
    • per curiam (Davis, Willett, Oldham), immigration
    • Denying Mexican citizen’s petition for review of BIA order dismissing his appeal from an order of an Immigration Judge (IJ) denying his application for asylum, withholding of removal, and relief under the Convention Against Torture (CAT) and ordering him removed.
  • U.S. v. Campos-Esqueda, 24-10060, appeal from N.D. Tex.
    • per curiam (Jolly, Higginson, Douglas), criminal
    • Affirming conviction and 46-month sentence for possession of a firearm by a felon.
  • Gonzalez v. Wray, 24-10122, appeal from N.D. Tex.
    • per curiam (Stewart, Graves, Oldham), prisoner suit
    • Dismissing as frivolous appeal from dismissal of pretrial detainee’s claims.