Take the Fifth

Take the Fifth’s resident opinion-aggregator was out of the country for the first two and a half weeks of July, so the following are just abbreviated accounts of dispositions without any summary.

Designated for publication

• Dondero v. Highland Capital Management, L.P., 22-10889, appeal from N.D. Tex.
  • Southwick, J. (Smith, Southwick, Higginson), bankruptcy, contempt
  • Affirming contempt order entered by bankruptcy court against defendant in adversary proceeding.

• Gibson, Inc. v. Armadillo Distribution Enterprises, Inc., 22-40587, appeal from E.D. Tex.
  • Stewart, J. (Stewart, Clement, Ho), trademark infringement
  • Reversing judgment in favor of plaintiff on trademark infringement claims, finding error in district court’s exclusion of third-party-use evidence, and remanding for new trial.

• Chavez v. Plan Benefit Services, Inc., 22-50368, appeal from W.D. Tex.
  • Stewart, J. (Wiener, Stewart, Engelhardt), class certification
  • Affirming 23(b)(3) certification of class in lawsuit alleging mismanagement of benefit plan funds, reversing 23(b)(1) certification, and remanding for further proceedings.

• Lartigue v. Northside Independent School District, 22-50854, appeal from W.D. Tex.
  • per curiam (voting for rehearing: Richman, Jones, Smith, Duncan, Oldham, JJ.; voting against rehearing: Stewart, Elrod, Southwick, Haynes, Graves, Higginson, Willett, Ho, Engelhardt, Wilson, Douglas, Ramirez, JJ.); Americans with Disabilities Act, Individuals with Disabilities in Education Act, res judicata
  • Denying en banc rehearing of Nov. 16, 2023, panel opinion (Higginbotham – author, Elrod, and Smith – dissenting) vacating summary judgment in favor of school district on plaintiff’s ADA claim for failure to make accommodations for hearing impairment, rejecting district court’s interpretation of the IDEA exhaustion requirement, and remanding for further proceedings.

• National Federation of the Blind of Texas v. City of Arlington, 23-10034, appeal from N.D. Tex.
  • Barksdale, J. (Barksdale, Southwick, Graves), Graves, J., dissenting in part; First Amendment
  • Vacating portion of district court’s summary judgment that held that city’s donation-box ordinance restricting permissible location of donation boxes violated the First Amendment, and affirming the remainder of the district court’s summary judgment rejecting other First Amendment challenges.
  • Judge Graves dissented in part, and would affirm the district court’s conclusion that the permissible-location part of the ordinance survived intermediate scrutiny.

• Verastique v. City of Dallas, 23-10395, appeal from N.D. Tex.
  • Smith, J. (Smith, Elrod, Graves), Graves, J., dissenting in part; municipal liability
  • Affirming dismissal of plaintiffs’ municipal liability claims against city arising from their participation in protests following the murder of George Floyd.
  • Judge Graves dissented in part. He would find that “the majority’s disposition of the plaintiffs’ failure to discipline claim is not supported by the facts or the law.”

• National Horsemen’s Benevolent and Protective Association v. Black, 23-10520, appeal from N.D. Tex.
  • Duncan, J. (King, Duncan, Engelhardt), nondelegation doctrine, appointments clause, due process, standing
  • Affirming in part and reversing in part district court’s judgment that the Horseracing Integrity and Safety Authority, a private corporation empowered by the Horseracing Integrity and Safety Act of 2020 to create and enforce nationwide rules for thoroughbred racing, survived constitutional challenges to its authority. The Court held that an amendment to the Act giving the FTC oversight authority over the HISA solved the nondelegation problem with the Authority’s rulemaking power, that the Act did not violate the Due Process Clause, that the Authority was not a government entity subject to the Appointments Clause, and that one of the new plaintiffs did not have standing to bring a Tenth Amendment challenge; but the Court held that the Act’s enforcement provisions violate the private nondelegation doctrine because “[t]he statute empowers the Authority to investigate, issue subpoenas, conduct searches, levy fines, and seek injunctions—all without the FTC’s say-so.”

• Mieco, L.L.C. v. Pioneer Natural Resources USA, Inc., 23-10575, appeal from N.D. Tex.
  • Duncan, J. (Stewart, Duncan, Engelhardt), breach of contract
  • Affirming district court’s interpretation of force majeure clause in natural gas delivery contract, but finding genuine issues of fact as to whether defendant exercised due diligence to overcome the impact of winter storm on its ability to deliver the natural gas required under the contract, and therefore affirming in part, reversing in part, and remanding for further proceedings.

• SR Construction Inc. v. RE Palm Springs II, L.L.C., 23-10603, appeal from N.D. Tex.
  • Graves, J. (Barksdale, Southwick, Graves), bankruptcy
  • Affirming bankruptcy court’s order to contractor to turn over components of the construction of the debtor’s hotel project as “part and parcel of [the bankruptcy court’s] undisputed power to order the sale of a bankruptcy debtor’s assets.”

• First v. Rolling Plains Implement Co., 23-10635, appeal from N.D. Tex.
  • Higginbotham, J. (Higginbotham, Stewart, Higginson), fraud, breach of warranty
  • Vacating district court’s judgment as a matter of law on the issue of statute of limitations accrual of plaintiff’s fraud claim and remanding for retrial; affirming dismissal of fraud claims against other defendants and of breach of warranty claims against one defendant.

• Caris MPI, Inc. v. UnitedHealthcare, Inc., 23-10901, appeal from N.D. Tex.
  • Wilson, J. (Clement, Engelhardt, Wilson), federal officer jurisdiction, Medicare
  • Affirming denial of remand on the basis that federal officer jurisdiction existed, but reversing dismissal of plaintiff’s claims for failure to exhaust administrative remedies under Medicare Act.

• U.S. v. Cervantes, 23-20133, appeal from S.D. Tex.
  • Ashe, J. (Elrod, Graves, Ashe, by designation), criminal
  • Affirming conviction of participating in a drug-trafficking conspiracy to possess, and aiding and abetting possession, with the intent to distribute a controlled substance.

• Wapiti Energy, L.L.C. v. Clear Spring Property & Casualty Co., 23-20134, appeal from S.D. Tex.
  • Wiener, J. (Wiener, Willett, Douglas), insurance
  • Reversing district court’s judgment that removal of wrecked vessel was not covered by “compulsory by law” provision of insurance policy, and remanding for further proceedings.

• Dabbasi v. Motiva Enterprises, L.L.C., 23-20166, appeal from S.D. Tex.
  • Southwick, J. (Southwick, Engelhardt, Wilson), Age Discrimination in Employment Act, Americans with Disabilities Act
  • Affirming summary judgment dismissal of ADA claims, but reversing dismissal of age discrimination claims on the basis of a genuine dispute of material fact, and remanding for further proceedings.

• U.S. v. Conyers, 23-20227, appeal from S.D. Tex.
  • Duncan, J. (Stewart, Duncan, Engelhardt), False Claims Act
  • Reversing district court’s award of $1.1 million to estate of relator on FCA claims against a military contractor, holding that the government had not settled any of the claims brought by the relator.

• Terrell v. Harris County, 23-20281, appeal from S.D. Tex.
  • Graves, J. (Barksdale, Southwick, Graves), qualified immunity, municipal liability
  • Affirming qualified immunity dismissal of claims against sheriff’s deputy who was in a patrol car when another deputy sexually assaulted the plaintiff, and affirming dismissal of municipal liability claims.

• Matthews v. Tidewater, Inc., 23-30305, appeal from E.D. La.
  • Southwick, J. (Barksdale, Southwick, Graves), forum non conveniens
  • Affirming forum non conveniens dismissal of plaintiff’s claims against former employer based on enforceable forum-selection clause in employment agreement.

• Jones v. O’Malley, 23-30831, appeal from E.D. La.
  • Engelhardt, J. (Smith, Engelhardt, Ramirez), social security
  • Affirming Social Security commissioner’s denial of disability benefits.

• U.S. v. Jaquez, 23-40348, appeal from S.D. Tex.
  • Southwick, J. (Southwick, Duncan, Kernodle, by designation), criminal, sufficiency of evidence
  • Affirming convictions 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. Jean, 23-40463, appeal from E.D. Tex.
  • Douglas, J. (Smith, Wiener, Douglas), Smith, J., dissenting; criminal, compassionate release
  • Affirming grant of motion for compassionate release.
  • Judge Smith dissented in no uncertain terms: “The kindest thing I can say about the majority’s zealous opinion is that it is a horrifying violation of this court’s well-respected rule of orderliness.”

• Canadian Standards Association v. P.S. Knight Co., 23-50081, appeal from W.D. Tex.
  • King, J. (King, Willett, Douglas), Douglas, J., dissenting; copyright
  • Reversing district court’s summary judgment decisions in favor of plaintiff in international copyright infringement case, vacating injunctive relief, and remanding with instructions to render judgment in favor of defendant.
  • Judge Douglas dissented.

• Dobbin Plantersville Water Supply Corp. v. Lake, 23-50215, appeal from W.D. Tex.
  • Jones, J. (Jones, Dennis, Douglas), Dennis, J., concurring in judgment only; § 1983, preemption, sovereign immunity
  • Affirming dismissal of plaintiff’s claims seeking to enjoin a rural water district from issuing decertification orders, and from enforcing those decertification orders once issued, on the basis of sovereign immunity, lack of standing, and a failure of plaintiff’s preemption arguments.

• Little v. Llano County, 23-50224, appeal from W.D. Tex.
  • per curiam (en banc); First Amendment
  • Granting en banc rehearing of June 6, 2024, panel decision (Wiener, J. – author, Southwick, J., concurring in judgment in part, Duncan, J., dissenting) affirming preliminary injunction ordering library to return seventeen books to the library’s shelves and modifying the injunction to ensure its proper scope.

• A & A Concepts, L.L.C. v. Fernandez, 23-50757, appeal from W.D. Tex.
  • Douglas, J. (Smith, Wiener, Douglas), Perishable Agricultural Commodities Act
  • Affirming district court’s decision that non-LLC-member defendant could not be held liable under PACA, although as a matter of first impression the Court held that non-LLC-members could be held liable if they have sufficient control over PACA trust assets.

• Lion Elastomers, L.L.C. v. NLRB, 23-60270, petition for review of NLRB order
  • Clement, J. (Jones, Clement, Wilson), labor law
  • Vacating NLRB’s decision on remand when NLRB did not apply the standard it represented it would apply if remanded, and remanding anew.

Unpublished

• U.S. v. Coulter, 22-10975, appeal from N.D. Tex.
  • per curiam (Southwick, Duncan, Kernodle, by designation), criminal
  • Affirming conviction of being a felon in possession of a firearm.

• Williams v. Bexar County, 22-50289, appeal from W.D. Tex.
  • per curiam (Smith, Engelhardt, Ramirez), prisoner suit
  • Affirming summary judgment dismissal of former inmate’s § 1983 claims.

• U.S. v. Boyd, 23-10695, appeal from N.D. Tex.
  • per curiam (Haynes, Willett, Oldham), criminal, sentencing
  • Affirming two life sentences on conviction of child sex exploitation and possession of child pornography.

• U.S. v. Umana-Garcia, 23-10716, appeal from N.D. Tex.
  • per curiam (Haynes, Willett, Oldham), criminal, sentencing
  • Dismissing as moot appeal of sentence for conviction of illegal reentry.

• Doe v. University of North Texas Health Science Center, 23-10764, appeal from N.D. Tex.
  • per curiam (Jolly, Smith, Haynes), due process, res judicata
  • Affirming dismissal of former medical student’s claims arising from termination from the medical school program.

• U.S. v. Goltz, 23-10851, appeal from N.D. Tex.
  • per curiam (Jolly, Jones, Engelhardt), criminal, guilty plea
  • Affirming guilty plea conviction of sending interstate threatening communications.

• U.S. v. Cortez, 23-10954, appeal from N.D. Tex.
  • per curiam (Jones, Southwick, Ho), criminal
  • Granting Anders motion to withdraw, and dismissing appeal.

• U.S. v. Gonzalez, 23-10963, appeal from N.D. Tex.
  • per curiam (Smith, Engelhardt, Ramirez), criminal, search and seizure
  • Affirming conviction of possession with the intent to distribute narcotics, upholding denial of motion to suppress.

• U.S. v. Lohmann, 23-10978, appeal from N.D. Tex.
  • per curiam (Higginbotham, Stewart, Southwick), criminal, sentencing
  • Affirming conviction and 144-month sentence for aiding and abetting an attempt to provide contraband to a prisoner.

• Penner v. Gaines County, 23-10985, appeal from N.D. Tex.
  • per curiam (Higginbotham, Jones, Oldham), § 1983, Americans with Disabilities Act
  • Affirming dismissal of survivors’ § 1983 claims and ADA claims arising from pretrial detainee’s death while in custody.

• U.S. v. Campos, 23-11033, appeal from N.D. Tex.
  • per curiam (Wiener, Stewart, Douglas), criminal
  • Granting Anders motion to withdraw, and dismissing appeal.

• U.S. v. Gibson, 23-11041, appeal from N.D. Tex.
  • per curiam (Higginbotham, Stewart, Southwick), criminal, sentencing
  • Affirming conviction and 320-month sentence for conspiracy to possess with intent to distribute 50 grams or more of methamphetamine.

• U.S. v. Andrews, 23-11048, appeal from N.D. Tex.
  • per curiam (Smith, Higginson, Enhelhardt), criminal
  • Granting Anders motion to withdraw, and dismissing appeal.

• U.S. v. Kinney, 23-11053, appeal from N.D. Tex.
  • per curiam (Jolly, Higginson, Duncan), criminal, guilty plea
  • Affirming guilty plea conviction of conspiracy to possess with intent to distribute fentanyl.

• U.S. v. Jones, 23-11055, appeal from N.D. Tex.
  • per curiam (Smith, Willett, Duncan), criminal
  • Granting Anders motion to withdraw, and dismissing appeal.

• U.S. v. Godbolt, 23-11073, appeal from N.D. Tex.
  • per curiam (Smith, Higginson, Engelhardt), criminal
  • Granting Anders motion to withdraw, and dismissing appeal.

• U.S. v. Villanueva-Rivera, 23-11078, appeal from N.D. Tex.
  • per curiam (Wiener, Ho, Ramirez), criminal
  • Granting Anders motion to withdraw, and dismissing appeal.

• U.S. v. Kirkland, 23-11081, appeal from N.D. Tex.
  • per curiam (King, Haynes, Graves), criminal
  • Granting Anders motion to withdraw, and dismissing appeal.

• U.S. v. Suarez-Suarez, 23-11094, appeal from N.D. Tex.
  • per curiam (Elrod, Oldham, Wilson), criminal
  • Granting Anders motion to withdraw, and dismissing appeal.

• U.S. v. Milton, 23-11128, appeal from N.D. Tex.
  • per curiam (Willett, Duncan, Wilson), criminal
  • Granting Anders motion to withdraw, and dismissing appeal.

• U.S. v. Cedillo, 23-11156, appeal from N.D. Tex.
  • per curiam (King, Southwick, Engelhardt), criminal, compassionate release
  • Affirming denial of motion for compassionate release.

• U.S. v. Aguirre, 23-11160, appeal from N.D. Tex.
  • per curiam (Willett, Duncan, Ramirez), criminal
  • Granting Anders motion to withdraw, an dismissing appeal.

• U.S. v. Thompson, 23-11207, appeal from N.D. Tex.
  • per curiam (Jones, Oldham, Wilson), criminal
  • Granting Anders motion to withdraw, and dismissing appeal.

• U.S. v. Thomas, 23-11216, appeal from N.D. Tex.
  • per curiam (Willett, Duncan, Ramirez), criminal, guilty plea
  • Affirming guilty plea conviction of possession with intent to distribute fentanyl.

• U.S. v. Garcia-Suarez, 23-11217, appeal from N.D. Tex.
  • per curiam (Barksdale, Graves, Oldham), criminal, sentencing
  • Affirming conviction and 70-month sentence for illegal reentry.

• U.S. v. Crapo, 23-11243, appeal from N.D. Tex.
  • per curiam (King, Southwick, Engelhardt), criminal
  • Granting Anders motion to withdraw, and dismissing appeal.

• U.S. v. Sevier, 23-11253, appeal from N.D. Tex.
  • per curiam (Davis, Smith, Higginson), criminal
  • Affirming revocation of supervised release.

• Haley v. Taylor County Detention Center, 23-11269, appeal from N.D. Tex.
  • per curiam (Southwick, Haynes, Higginson), prisoner suit
  • Dismissing for lack of jurisdiction Texas state prisoner’s untimely appeal of dismissal of § 1983 claim.

• Darnell v. Department of Justice, 23-20399, appeal from S.D. Tex.
  • per curiam (Elrod, Oldham, Wilson), Title VII
  • Affirming summary judgment dismissal of Title VII claims.

• U.S. v. Andrews, 23-20415, appeal from S.D. Tex.
  • per curiam (Smith, Willett, Duncan), criminal, sentencing
  • Affirming 300-month sentence on conviction of interference with commerce by robbery and discharging a firearm during and in relation to a crime of violence.

• Mahadevan v. Northrup, 23-20512, appeal from S.D. Tex.
  • per curiam (Haynes, Graves, Higginson), bankruptcy, sanctions
  • Dismissing appeal from bankruptcy court orders, and denying appellee’s motion for sanctions.

• U.S. v. Mezomo, 23-20548, appeal from S.D. Tex.
  • per curiam (Graves, Willett, Wilson), criminal, sentencing
  • Dismissing as barred by appeal waiver in plea agreement the appeal of a 96-month sentence on conviction of possessing with the intent to distribute 500 grams or more of cocaine.

• Falkins v. Goings, 23-30142, appeal from E.D. La.
  • per curiam (Dennis, Southwick, Ho), prisoner suit
  • Affirming dismissal of Louisiana state prisoner’s § 1983 claims.

• Bardell v. Jefferson Parish School Board, 23-30223, appeal from E.D. La.
  • per curiam (Barksdale, Southwick, Graves), employment discrimination
  • Affirming dismissal of employment discrimination claims.

• Williamwest v. Richardson, 23-30264, appeal from E.D. La.
  • per curiam (Smith, Graves, Oldham), § 1983
  • Vacating dismissal of pro se plaintiff’s claims against one defendant, and affirming as to the remaining defendants, and remanding for further proceedings.

• U.S. v. Williby, 23-30398, appeal from M.D. La.
  • per curiam (Graves, Willett, Wilson), criminal
  • Granting Anders motion to withdraw, and dismissing appeal.

• Minor Children v. Roman Catholic Church of the Archdiocese of New Orleans, 23-30565, appeal from E.D. La.
  • Jones, J. (King, Jones, Oldham), bankruptcy
  • Reversing the bankruptcy court’s order enforcing the automatic stay against minor children pursuing state court suit against the Archdiocese.

• Franklin v. State Farm Insurance Co., 23-30583, appeal from W.D. La.
  • per curiam (Smith, Engelhardt, Ramirez), insurance
  • Affirming denial of motion to amend complaint that was filed after dismissal of suit for failure to serve defendants.

• U.S. v. Wilson, 23-30596, appeal from E.D. La.
  • per curiam (Smith, Higginson, Engelhardt), criminal, sentencing
  • Affirming conviction and sentence for conspiracy to commit Hobbs Act robbery and aiding and abetting the brandishing of a firearm during a crime of violence.

• U.S. v. Hills, 23-30612, appeal from M.D. La.
  • per curiam (King, Haynes, Graves), criminal
  • Affirming revocation of supervised release.

• Hughes v. Terminix Pest Control, Inc., 23-30617, c/w Chauvin v. Terminix Pest Control, Inc., 23-30846, c/w Picou v. Terminix Pest Control, Inc., 23-30856, appeal from E.D. La.
  • per curiam (Southwick, Haynes, Graves), Americans with Disabilities Act, COVID-19
  • Affirming dismissal of ADA claims by employees terminated for refusing to take COVID-19 vaccine.

• U.S. v. Nevarez, 23-30629, c/w U.S. v. Nava, 23-30675, appeal from W.D. La.
  • per curiam (King, Southwick, Engelhardt), criminal, search and seizure
  • Affirming convictions of convictions for possession with intent to distribute 400 grams or more of a mixture or substance containing fentanyl, upholding denial of motions to suppress.

• U.S. v. Coffey, 23-30652, appeal from W.D. La.
  • per curiam (Barksdale, Engelhardt, Wilson), criminal, sentencing
  • Affirming 18-month sentence on revocation of supervised release.

• U.S. v. Brown, 23-30883, appeal from W.D. La.
  • per curiam (Wiener, Ho, Ramirez), criminal, sentencing
  • Affirming 160-month sentence on conviction of distributing methamphetamine.

• U.S. v. Perkins, 23-40356, appeal from S.D. Tex.
  • per curiam (Haynes, Willett, Oldham), criminal, search and seizure
  • Affirming conviction of possession with intent to distribute methamphetamine, upholding denial of motion to suppress.

• U.S. v. Okunoghae, 23-40382, appeal from E.D. Tex.
  • per curiam (Davis, Southwick, Duncan), habeas corpus
  • Vacating denial of § 2255 relief, and remanding for further review.

• U.S. v. Anderson, 23-40491, appeal from E.D. Tex.
  • per curiam (Smith, Graves, Engelhardt), criminal, compassionate release
  • Dismissing as frivolous appeal from denial of motion for compassionate release.

• U.S. v. Wallin, 23-40553, appeal from S.D. Tex.
  • per curiam (King, Haynes, Graves), criminal, sufficiency of evidence
  • Affirming conviction of kidnapping and brandishing a firearm during a crime of violence.

• U.S. v. Posas, 23-40561, appeal from S.D. Tex.
  • per curiam (Elrod, Oldham, Wilson), criminal
  • Affirming conviction of conspiracy to possess with the intent to distribute cocaine and possession of cocaine with the intent to distribute.

• Macias v. Watkins, 23-40580, appeal from S.D. Tex.
  • per curiam (Haynes, Willett, Oldham), qualified immunity
  • Affirming summary judgment dismissal of claims on qualified immunity grounds.

• U.S. v. Ramirez, 23-40597, appeal from S.D. Tex.
  • per curiam (Smith, Graves, Oldham), criminal, compassionate release
  • Dismissing as frivolous appeal from denial of motion for compassionate release.

• U.S. v. Moreno, 23-40644, appeal from S.D. Tex.
  • per curiam (Elrod, Haynes, Duncan), criminal
  • Affirming conviction or conspiracy to possess with intent to distribute 1,000 kilograms or more of marijuana, with limited remand to correct clerical error in written judgment.

• U.S. v. Briseno, 23-40667, appeal from E.D. Tex.
  • per curiam (Smith, Stewart, Duncan), criminal, guilty plea
  • Affirming guilty plea convictions for conspiracy to transport undocumented aliens into or within the United States and conspiracy to conceal or harbor undocumented aliens.

• U.S. v. Ayala-Alas, 23-50226, appeal from W.D. Tex.
  • per curiam (Jones, Smith, Dennis), criminal, sentencing
  • Affirming 135-month sentence and conviction of aiding and abetting the importation of 100 kilograms or more of marijuana and aiding and abetting possession with intent to distribute marijuana.

• Lettuce Entertain You Enterprises, Inc. v. Hotel Magdalena Joint Venture, L.L.C., 23-50319, appeal from W.D. Tex.
  • Wiener, J. (Wiener, Haynes, Higginson), trademark infringement
  • Reversing summary judgment in favor of defendant in trademark infringement case, and remanding for further proceedings.

• U.S. v. Howard, 23-50417, appeal from W.D. Tex.
  • per curiam (Smith, Engelhardt, Ramirez), criminal, search and seizure
  • Affirming conviction of attempted coercion and enticement of a minor to engage in sexual activity, upholding denial of motions to suppress.

• U.S. v. Rodriguez, 23-50433, appeal from W.D. Tex.
  • per curiam (Willett, Duncan, Ramirez), criminal, sentencing
  • Affirming sentence on conviction of conspiracy to possess with intent to distribute five kilograms or more of cocaine and possession with intent to distribute 500 grams or more of cocaine.

• U.S. v. Reza-Macedo, 23-50590, appeal from W.D. Tex.
  • per curiam (Jones, Southwick, Ho), criminal, sentencing
  • Affirming 46-month sentence on conviction of illegal reentry.

• U.S. v. Niavez, 23-50596, appeal from W.D. Tex.
  • per curiam (Davis, Willett, Oldham), criminal, sentencing
  • Affirming 48-month sentence on revocation of supervised release.

• U.S. v. Thomas, 23-50616, appeal from W.D. Tex.
  • per curiam (Haynes, Willett, Oldham), criminal, sentencing
  • Affirming 24-month sentence on revocation of supervised release.

• U.S. v. Villareal, 23-50658, appeal from W.D. Tex.
  • per curiam (Barksdale, Graves, Oldham), criminal, sentencing
  • Affirming 240-month sentence on conviction of conspiracy to possess with intent to distribute a quantity of actual methamphetamine.

• U.S. v. Pando, 23-50666, appeal from W.D. Tex.
  • per curiam (Smith, Higginson, Engelhardt), criminal
  • Granting Anders motion to withdraw, and dismissing appeal.

• U.S. v. Nagy, 23-50691, appeal from W.D. Tex.
  • per curiam (Jones, Southwick, Ho), criminal, sentencing
  • Affirming 97-month sentence on conviction of possession with intent to distribute cocaine.

• Merkle v. Thomas, 23-50692, appeal from W.D. Tex.
  • per curiam (Jones, Southwick, Ho), bankruptcy
  • Affirming bankruptcy court order.

• ACS Alliance Construction Specialties, L.L.C. v. Cueto Consulting & Construction, L.L.C., 23-50735, appeal from W.D. Tex.
  • per curiam (Higginbotham, Stewart, Southwick), breach of contract
  • Affirming summary judgments against defendants.

• U.S. v. Korteland, 23-50752, appeal from W.D. Tex.
  • per curiam (Higginbotham, Jones, Oldham), criminal, sentencing
  • Affirming 78-month sentence on conviction of possession of child pornography.

• U.S. v. Marroquin, 23-50796, appeal from W.D. Tex.
  • per curiam (Barksdale, Engelhardt, Wilson), criminal, sentencing
  • Affirming 51-month sentence on conviction of illegal reentry.

• U.S. v. Alcaraz-Juarez, 23-50805, appeal from W.D. Tex.
  • per curiam (Higginbotham, Stewart, Southwick), criminal
  • Affirming revocation of supervised release.

• U.S. v. Stiebing, 23-50810, appeal from W.D. Tex.
  • per curiam (King, Southwick, Engelhardt), criminal
  • Granting Anders motion to withdraw, and dismissing appeal.

• U.S. v. Dominguez, 23-50814, appeal from W.D. Tex.
  • per curiam (Higginbotham, Elrod, Southwick), criminal
  • Granting Anders motion to withdraw, and dismissing appeal.

• U.S. v. Gonsalez-Fernandez, 23-50815, appeal from W.D. Tex.
  • per curiam (Smith, Willett, Duncan), criminal
  • Granting Anders motion to withdraw, and dismissing appeal.

• U.S. v. Anderson, 23-50834, c/w 23-50837, appeal from W.D. Tex.
  • per curiam (Elrod, Oldham, Wilson), criminal, search and seizure
  • Affirming conviction of possession with intent to distribute methamphetamine, upholding denial of motion to suppress.

• U.S. v. Gonzalez-Ruacho, 23-50842, appeal from W.D. Tex.
  • per curiam (Wiener, Ho, Ramirez), criminal
  • Granting Anders motion to withdraw, and dismissing appeal.

• Garcia v. Bermea, 23-50871, appeal from W.D. Tex.
  • Haynes, J. (Haynes, Willett, Oldham), qualified immunity
  • Affirming summary judgment dismissal of plaintiffs’ claims on qualified immunity grounds.

• U.S. v. Hernandez-Guevara, 23-50903, appeal from W.D. Tex.
  • per curiam (King, Haynes, Graves), criminal, sentencing
  • Affirming sentence on conviction of illegal reentry.

• U.S. v. Davis, 23-50917, appeal from W.D. Tex.
  • per curiam (Jolly, Southwick, Duncan), pretrial detention, criminal
  • Affirming district court’s order as to conditions for pretrial release.

• U.S. v. Derryberry, 23-60338, appeal from N.D. Miss.
  • per curiam (Smith, Engelhardt, Ramirez), criminal, search and seizure
  • Affirming conviction of possession of a firearm by a felon, upholding denial of motion to suppress.

• Wells v. Pike County, 23-60466, appeal from S.D. Miss.
  • per curiam (Smith, Higginson, Engelhardt), prisoner suit
  • Affirming dismissal of Mississippi state prisoner’s § 1983 claims.

• Xu v. Garland, 23-60554, petition for review of BIA order
  • per curiam (Jolly, Willett, Engelhardt), immigration
  • Dismissing in part and denying in part Chinese citizen’s petition for review of BIA order upholding the immigration judge’s order of removal and denying sua sponte reopening.

• U.S. v. Black, 23-60582, appeal from S.D. Miss.
  • per curiam (Smith, Higginson, Engelhardt), criminal, sentencing
  • Affirming sentence on conviction of escape by a prisoner in custody of a federal institution.

• Dias v. Garland, 23-60593, petition for review of BIA order
  • per curiam (Jones, Smith, Dennis), immigration
  • Denying Indian citizen’s petition for review of BIA order denying reopening and reconsideration and declining to exercise its discretionary authority to reopen sua sponte.

• Chiwanga v. Garland, 23-60604, petition for review of BIA order
  • per curiam (Jolly, Willett, Engelhardt), immigration
  • Denying Tanzanian citizen’s petition for review of BIA order denying his motion seeking reconsideration of a decision dismissing his appeal from an order of an Immigration Judge (IJ) ordering him removed because his prior Oklahoma conviction for domestic battery by strangulation qualified as an aggravated felony crime of violence.

• U.S. v. Suzuki, 23-60640, appeal from N.D. Miss.
  • per curiam (Barksdale, Graves, Oldham), criminal, sentencing
  • Affirming 24-month sentence on revocation of supervised release.

• U.S. v. Salinas, 24-10024, appeal from N.D. Tex.
  • per curiam (Haynes, Graves, Higginson), criminal
  • Granting Anders motion to withdraw, and dismissing appeal.

• U.S. v. Salgado-Melendez, 24-10083, appeal from N.D. Tex.
  • per curiam (Smith, Higginson, Engelhardt), criminal, sentencing
  • Affirming sentence on conviction of illegal reentry.

• Trend Intermodal Chassis Leasing, L.L.C. v. Zariz Transport Inc., 24-10105, appeal from N.D. Tex.
  • per curiam (King, Haynes, Graves), maritime law
  • Affirming district court’s dismissal of claim and vacatur of maritime attachments and garnishments.

• U.S. v. Mynar, 24-10130, appeal from N.D. Tex.
  • per curiam (King, Southwick, Engelhardt), criminal
  • Affirming revocation of supervised release.

• Jones v. Wheeler, 24-20042, appeal from S.D. Tex.
  • per curiam (Jones, Duncan, Douglas), prisoner suit
  • Dismissing appeal of dismissal of Texas state prisoner’s § 1983 suit.

• Bonner v. Collier, 24-50229, appeal from W.D. Tex.
  • per curiam (Davis, Willett, Oldham), prisoner suit
  • Affirming dismissal of suit under Heck v. Humphrey.