June 28, 2024, opinions

Posted on by tadbartlett

Designated for publication

  • Moore v. Simpson, 23-40375, appeal from E.D. Tex.
    • Wilson, J. (Richman, Graves, Wilson); Graves, J., concurring; insurance
    • Reversing district court’s judgment in favor of life insurance beneficiary, applying Texas law to provide that, even if the beneficiary was named before being married to the decedent, once a subsequent divorce decree is effective the beneficiary is stripped of their beneficiary status.
    • Judge Graves concurred. While he found the majority opinion compelling, he would have certified the question to the Texas Supreme Court.

Unpublished

  • Taylor v. LeBlanc, 21-30625, appeal from M.D. La.
    • per curiam (Graves, Ho, Duncan), qualified immunity
    • Reversing denial of qualified immunity dismissal for prison officials on over-detention claim.
  • U.S. v. Sarmiento, 23-10974, appeal from N.D. Tex.
    • per curiam (Smith, Higginson, Engelhardt), criminal, sentencing
    • Affirming conviction and 60-month sentence for illegal reentry.
  • U.S. v. Rivera, 23-11059, appeal from N.D. Tex.
    • per curiam (Smith, Higginson, Engelhardt), criminal, sentencing
    • Affirming 360-month sentence on conviction of sexual exploitation of children.
  • U.S. v. Jimenez-Maldonado, 23-50767, appeal from W.D. Tex.
    • per curiam (Elrod, Oldham, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Aguilar, 23-50824, appeal from W.D. Tex.
    • per curiam (Elrod, Oldham, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Damas-Torres v. Garland, 23-60496, petition for review of BIA order
    • per curiam (Elrod, Oldham, Wilson), immigration
    • Denying Honduran citizens’ petition for review of BIA order dismissing appeal of IJ’s denial of application for asylum, withholding of removal, and protection under the CAT.
  • U.S. v. Watson, 23-60501, appeal from S.D. Miss.
    • per curiam (Smith, Higginson, Engelhardt), criminal
    • Affirming conviction of possession of a firearm by a felon.
  • Argueta v. Garland, 23-60542, petition for review of BIA order
    • per curiam (Smith, Higginson, Engelhardt), 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 asylum, withholding of removal, and relief under the Convention Against Torture (CAT) and ordering him removed.