August 1-15, 2024, opinions

Posted on by tadbartlett

Another quick-blurb catch-up post (the briefing and arguing has been non-stop since mid-July–Take the Fifth may need to take on some more staff!).

Designated for publication

  • U.S. v. Kasali, 21-20681, appeal from S.D. Tex.
    • Southwick, J. (Barksdale, Southwick, Graves), criminal, Sixth Amendment, sentencing
    • Affirming conviction and sentence on fraud under the Paycheck Protection Program, upholding denial of motion to substitute counsel and district court’s order to conduct first day of trial in defendant’s absence.
  • Gonzalez v. Trevino, 21-50276, appeal from W.D. Tex.
    • per curiam (Barksdale, Engelhardt, Oldham), First Amendment, sec. 1983
    • On remand from the U.S. Supreme Court’s vacatur of panel majority’s reversal of district court’s denial of motion to dismiss sec. 1983 claim arising from arrest of plaintiff, remanding to district court to determine whether plaintiff’s evidence satisfies the requirements for a Nieves exception.
  • Ramirez v. Killian, 22-10401, c/w 22-11060, appeal from N.D. Tex.
    • Elrod, J. (Higginbotham, Smith, Elrod), sec. 1983, qualified immunity
    • Reversing district court’s judgment as a matter of law and rendering judgment on the jury verdict on plaintiffs’ claim of illegal seizure for the shooting death of one of their dogs by defendant police officer; reversing summary judgment in favor of defendant officer on plaintiffs’ excessive force claims arising from pepper-spraying of the plaintiffs, and remanding for further proceedings on those claims; but affirming qualified immunity summary judgment on warrantless entry claims.
  • Rhone v. City of Texas City, 22-40551, appeal from S.D. Tex.
    • Southwick, J. (Smith, Southwick, Higginson), sec. 1983
    • Affirming dismissal of plaintiff’s claims against city attorney.
  • Gibson, Inc. v. Armadillo Distribution Enterprises, Inc., 22-40587, appeal from E.D. Tex.
    • Stewart, J. (Stewart, Clement, Ho), trademark infringement
    • Reversing district court’s judgment on jury verdict in favor of plaintiff in trademark infringement and counterfeiting case, on basis that district court abused its discretion in excluding decades of evidence regarding third-party use, and remanding for new trial.
  • Silva v. U.S., 22-40835, appeal from S.D. Tex.
    • Engelhardt, J. (Smith, Engelhardt, Ramirez), Federal Tort Claims Act, discretionary function
    • Affirming dismissal of plaintiff’s FTCA claim arising from gunshot wound received from Border Patrol officer, on basis of discretionary function exception.
  • Securities and Exchange Commission v. Stanford, 23-10726, appeal from N.D. Tex.
    • Oldham, J. (Higginson, Willett, Oldham), Higginson, J., concurring; receivership, jurisdiction
    • Vacating district court’s worldwide bar order against new claims against Swiss Bank arising from the Stanford Ponzi scheme, on the basis that the district court lacked jurisdiction to bar the challenging Antiguan joint liquidators.
    • Judge Higginson separately concurred “because I am unpersuaded this district judge who, for fifteen years, has steadfastly presided over the recovery of billions of dollars for investors defrauded by Robert Stanford, set a ‘waiver trap’ for litigants in the final stages of the receivership estate. Instead, I see only a finishing dispute over limited, remaining overseas assets best resolved on remand through clarification of the parties’ Settlement Agreement and Cross-Border Protocol approved by the district court.”
  • Santee v. Oceaneering International, Inc., 23-20095, appeal from S.D. Tex.
    • Stewart, J. (Stewart, Duncan, Engelhardt), maritime law
    • Reversing district court’s summary judgment in favor of defendants on plaintiff’s maritime personal injury claim, holding that plaintiff has at least some possibility of proving his Jones Act claim, and remanding to district court with instructions to remand to state court.
  • Kelley v. Alpine Site Services, Inc., 23-20290, appeal from S.D. Tex.
    • Southwick, J. (Southwick, Haynes, Graves), Fair Labor Standards Act
    • Affirming dismissal of plaintiff’s overtime FLSA claim on the basis that the Motor Carrier Act exemption applied.
  • Schmidt v. Rechnitz, 23-20386, appeal from S.D. Tex.
    • Duncan, J. (Elrod, Duncan, Ramirez), securities fraud, bankruptcy
    • Affirming judgment in favor of bankruptcy trustee to recover proceeds of securities fraud from recipients of those funds.
  • U.S. v. Palmer, 23-20403, appeal from S.D. Tex.
    • Elrod, J. (Wiener, Elrod, Wilson), criminal, search and seizure, Miranda rights
    • Affirming conviction of being a felon in possession of a firearm, upholding denial of motion suppress evidence for lack of reasonable suspicion to conduct a traffic stop of the defendant and to suppress statement for failure to administer Miranda warning.
  • Molzan v. Bellagreen Holdings, L.L.C., 23-20492, appeal from S.D. Tex.
    • Davis, J. (Davis, Southwick, Duncan), trademark infringement
    • Affirming in part, reversing in part, and vacating in part dismissal of plaintiff’s trademark infringement claims, and remanding for further proceedings.
  • Haygood v. Morrison, 23-30194, appeal from W.D. La.
    • Smith, J. (Smith, Engelhardt, Ramirez), attorneys’ fees
    • Affirming award of attorneys’ fees on frivolous sec. 1983 claim, but remitting amount of fees.
  • American Warrior, Inc. v. Foundation Energy Fund IV-A, L.P., 23-30529, appeal from W.D. La.
    • Jones, J. (Jones, Clement, Wilson), Clement, J., concurring; bankruptcy
    • Affirming bankruptcy court’s permissive abstention on claims between debtor and other parties in Kansas court.
    • Judge Clemant concurred in all but one part of the majority opinion, by a footnote to that opinion rather than by a separate concurring opinion; “[s]he would hold that, regardless of whether the McConathys’ co-plaintiffs in the Kansas litigation technically violated the automatic stay by bringing the Kansas suit, AWI has not shown that the bankruptcy court abused its discretion by declining to void the Kansas litigation as to the McConathys’ co-plaintiffs.”
  • Hankins v. Wheeler, 23-30711, appeal from E.D. La.
    • Higginson, J. (Higginbotham, Stewart, Higginson), qualified immunity
    • Reversing qualified immunity summary judgment in favor of defendant on illegal seizure claim, vacating summary judgment on other claims, and remanding for further proceedings.
  • Texas Medical Association v. U.S. Department of Health and Human Services, 23-40217, appeal from E.D. Tex.
    • Jones, J. (King, Jones, Oldham), King, J., concurring; administrative law
    • Affirming district court’s judgment in favor of plaintiff healthcare providers in challenge of federal regulations regarding arbitral process for resolution of insurance reimbursement disputes under the No Surprises Act.
    • Judge King concurred in part and concurred in the judgment.
  • U.S. v. Caudillo, 23-40560, appeal from S.D. Tex.
    • Higginson, J. (King, Stewart, Higginson), criminal, sentencing, restitution, Sixth Amendment
    • Affirming 135-month sentence, $73,000 restitution award, and conviction for receipt of child pornography.
  • Petteway v. Galveston County, 23-40582, appeal from S.D. Tex.
    • Jones, J. (joined by Richman as to all but section II.D, Smith, Barksdale, Elrod, Southwick, Willett, Ho as to sections I and II.C and III, Duncan, Engelhardt, Oldham, Wilson); Ho, J., concurring in judgment and in part; Haynes, J., dissenting; Douglas, J., dissenting (joined by Stewart, Graves, Higginson, Ramirez); Voting Rights Act
    • Reversing district court’s judgment in favor of plaintiffs in Voting Rights Act section 2 challenge to a racial gerrymander: “The issue in this en banc case is whether Section 2 of the Voting Rights Act authorizes coalitions of racial and language minorities to claim vote dilution in legislative redistricting. In an increasingly multiracial and multi-language polity, the importance of this issue is obvious. We overrule this court’s decision in Campos v. City of Baytown, 840 F.2d 1240, 1244 (5th Cir. 1988), and its progeny, which allowed such claims to be maintained.”
    • In a lengthy and scholarly primary dissent, Judge Douglas observed, “Today, the majority finally dismantled the effectiveness of the Voting Rights Act in this circuit, leaving four decades of en banc precedent flattened in its wake. Because the majority reaches an atextual and ahistorical conclusion to overturn our own en banc precedent, I dissent.”
  • U.S. v. Garcia, 23-40701, appeal from S.D. Tex.
    • per curiam (Higginbotham, Jones, Oldham), criminal, sentencing, guilty plea
    • Dismissing appeal of sentence on conviction of possession with intent to distribute 40 grams or more of a mixture and substance containing fentanyl, on basis of appeal-waiver in guilty plea agreement.
  • Zaragoza v. Union Pacific Railroad Co., 23-50194, appeal from W.D. Tex.
    • Wilson, J. (Willett, Wilson, Ramirez), employment discrimination, timeliness, class action
    • Reversing district court’s dismissal of plaintiff’s employment discrimination claim as time-barred, holding that he was included within class definition of prior class action for purposes of American Pipe tolling, and remanding for further proceedings.
  • Mission Pharmacal Co. v. Molecular Biologicals, Inc., 23-50321, c/w 23-50446, appeal from W.D. Tex.
    • Elrod, J. (Elrod, Graves, Ashe, by designation), breach of contract
    • Reversing district court’s judgment in favor of defendant based on interpretation of reimbursement provision in parties’ contract.
  • U.S. v. Romero, 23-50443, appeal from W.D. Tex.
    • Kernodle, J. (Southwick, Duncan, Kernodle, by designation), criminal, sentencing
    • Affirming new sentence after remand, applying increased base sentencing level on conviction of possession of a firearm by a felon.
  • U.S. v. Parra, 23-50487, appeal from W.D. Tex.
    • Ramirez, J. (Smith, Engelhardt, Ramirez), criminal, sentencing
    • Vacating sentence that applied enhancement for obstruction of justice, and remanding for resentencing.
  • U.S. v. Wilson, 23-50509, appeal from W.D. Tex.
    • Willett, J. (Haynes, Willett, Oldham), Haynes, J., dissenting in part; criminal, sentencing
    • Affirming conviction and sentence for being a felon in possession of a firearm and to possessing an unregistered firearm.
    • Judge Haynes dissented in part, as she would vacate the sentence and remand on the basis of the district court’s sentencing enhancement based on the possession of a Ruger semi-automatic firearm.
  • Barron v. U.S., 23-50515, appeal from W.D. Tex.
    • Elrod, J. (Elrod, Ramirez, Ashe, by designation), Ramirez, J., dissenting in part; Federal Tort Claims Act
    • Affirming dismissal of plaintiffs’ general negligence and premises liability claims, but certifying to the Texas Supreme Court the question of whether plaintiffs can maintain their negligent undertaking claim: “Can a landowner’s affirmative act create a duty to protect an invitee from dangers caused by naturally occurring conditions under a theory of negligent undertaking where the natural accumulation doctrine bars recovery under a theory of premises liability?”
    • Judge Ramirez dissented in part, as she would find that the defendants had failed to plead or assert a negligent undertaking claim and would not certify that question to the Texas Supreme Court.
  • U.S. v. Smith, 23-60321, appeal from N.D. Miss.
    • King, J. (King, Ho, Engelhardt), Ho, J., concurring; criminal, search and seizure
    • Affirming conviction of defendants on robbery and conspiracy to commit robbery charges, upholding denial of motion to suppress evidence seized arising from a geofence warrant. The Court held that the use of a geofence warrant is unconstitutional under the Fourth Amendment, but that “here, law enforcement acted in good faith in relying on this type of warrant.”
    • Judge Ho concurred. “Geofence warrants are powerful tools for investigating and deterring crime. The defendants here engaged in a violent robbery—and likely would have gotten away with it, but for this new technology. So I fully recognize that our panel decision today will inevitably hamper legitimate law enforcement interests. … Our decision today is not costless. But our rights are priceless. Reasonable minds can differ, of course, over the proper balance to strike between public interests and individual rights. Time and again, modern technology has proven to be a blessing as well as a curse. Our panel decision today endeavors to apply our Founding charter to the realities of modern technology, consistent with governing precedent.”
  • Wade v. City of Houston, 22-20026, appeal from S.D. Tex.
    • per curiam (Jones, Smith, Ho), sec. 1983
    • Affirming dismissal of protestor-plaintiffs’ sec. 1983 claims against city and arresting officers when officers engaged in a “kettling” maneuver to bottle protestors up and then arrested them for obstructing public sidewalks and streets.
  • Bunker v. Dow Chemical Co., 24-20046, appeal from S.D. Tex.
    • Clement, J. (Clement, Graves, Ramirez), employment discrimination
    • Affirming dismissal of employee’s age discrimination claims for failure to exhaust administrative remedies.
  • In re Burton, 24-20340, petition to file successive habeas petition in S.D. Tex.
    • per curiam (Elrod, Southwick, Willett), habeas corpus
    • Denying motion to file successive habeas petition and motion to stay execution.
  • Carson v. USAA Casualty Insurance Co., 24-30014, appeal from W.D. La.
    • Higginson, J. (King, Stewart, Higginson), insurance
    • Vacating dismissal of insured’s claims against insurer, holding that South Carolina’s prohibition on stacking underinsured motorist coverage for Class II insureds does not prohibit recovering recovering UIM benefits under a personal automobile insurance policy.

Unpublished

  • U.S. v. Moore, 21-10345, appeal from N.D. Tex.
    • per curiam (Jolly, Southwick, Oldham), criminal
    • Affirming conviction of possession of a firearm by a convicted felon and possession of a firearm by a person subject to a domestic violence protective order.
  • U.S. v. Wilson, 22-20100, appeal from S.D. Tex.
    • per curiam (Wiener, Elrod, Wilson), criminal, search and seizure
    • Affirming conviction of conspiracy to possess with intent to distribute 50 grams or more of methamphetamine, aiding and abetting possession with intent to distribute 50 grams or more of methamphetamine, carrying a firearm during and in relation to a drug-trafficking offense and possession of a firearm in furtherance of a drug-trafficking offense, and being a felon in possession of a firearm; upholding denial of motion to suppress.
  • U.S. v. Moya, 22-40714, appeal from S.D. Tex.
    • per curiam (King, Ho, Engelhardt), criminal
    • Affirming conviction of being a felon in possession of a firearm.
  • Alvarez v. Garland, 22-60435, petition for review of BIA order
    • per curiam (Smith, Stewart, Duncan), immigration
    • Denying Mexican citizen’s petition for review of BIA order ordering him removed and denying his application for withholding of removal.
  • Butler v. Collins, 23-10072, appeal from N.D. Tex.
    • per curiam (Southwick, Engelhardt, Wilson), employment
    • Certifying question to Texas Supreme Court regarding former professor’s claims against university officials arising from denial of tenure:
      • “Does the Texas Commission on Human Rights Act (TCHRA), Texas Labor Code § 21.001, et seq., preempt a plaintiff-employee’s common-law defamation and/or fraud claims against another employee to the extent that the claims are based on the same course of conduct as discrimination and/or retaliation claims asserted against the plaintiff’s employer?”
  • Securities and Exchange Commission v. Barton, 23-10516, appeal from N.D. Tex.
    • per curiam (Jolly, Southwick, Duncan), securities fraud
    • Dismissing as moot appeal from order approving a settlement agreement between the first receiver appointed by the district court and HNGH Turtle Creek with regard to ongoing civil enforcement proceeding arising from securities fraud.
  • Greinstein v. Granite Services International, 23-10781, appeal from N.D. Tex.
    • per curiam (Dennis, Willett, Duncan), Fair Labor Standards Act
    • Reversing district court’s holding that plaintiff-employee was not FLSA-exempt.
  • U.S. v. Jones, 23-10841, appeal from N.D. Tex.
    • per curiam (Clement, Graves, Ramirez), criminal, guilty plea
    • Dismissing appeal from conviction of being a felon in possession of a firearm, pusuant to appeal waiver in plea agreement.
  • U.S. v. Rocha, 23-10855, appeal from N.D. Tex.
    • per curiam (Jolly, Jones, Willett), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Gonzalez-Urbina, 23-10898, appeal from N.D. Tex.
    • per curiam (Smith, Stewart, Duncan), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Munck Wilson Mandala, LLP v. Jordan, 23-10904, appeal from N.D. Tex.
    • per curiam (Jones, Smith, Ho), civil
    • Affirming judgment in favor of defendants in civil suit, with no description in the opinion of the case or of the judgment being appealed.
  • Welsh v. Cammack, 23-10961, appeal from N.D. Tex.
    • per curiam (King, Stewart, Higginson), prisoner suit
    • Affirming dismissal of Texas state prisoner’s sec. 1983 claims.
  • U.S. v. Jones, 23-10972, appeal from N.D. Tex.
    • per curiam (Higginbotham, Jones, Oldham), criminal, guilty plea
    • Affirming guilty plea conviction of conspiracy to possess with intent to distribute 50 grams or more of methamphetamine.
  • Bevacqua v. Southwest Airlines Co., 23-11036, appeal from N.D. Tex.
    • per curiam (Jones, Smith, Ho), class action, preemption
    • Affirming dismissal of plaintiff class’s claims seeking damages from Southwest Airlines for failing to refund security fees, rather than issue travel credits, for cancelled reservations for nonrefundable tickets, holding that those claims were preempted by the Airline Deregulation Act.
  • Grant v. Amazon.com Services LLC, 23-11068, appeal from N.D. Tex.
    • per curiam (Southwick, Willett, Oldham), frivolous
    • Dismissing as frivolous appeal from dismissal of pro se plaintiff’s claims.
  • Shepherd v. Regan, 23-11189, appeal from N.D. Tex.
    • per curiam (Jones, Smith, Ho), civil
    • Affirming dismissal of plaintiff’s claims against EPA administrator and others, with no description of case of judgment being appealed.
  • U.S. v. Smith, 23-11228, appeal from N.D. Tex.
    • per curiam (Barksdale, Haynes, Wilson), criminal, guilty plea
    • Affirming guilty plea conviction of conspiracy to possess with intent to distribute a controlled substance.
  • U.S. v. Butler, 23-11238, appeal from N.D. Tex.
    • per curiam (Higginbotham, Jones, Oldham), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Jimenez, 23-11246, appeal from N.D. Tex.
    • per curiam (Wiener, Ho, Ramirez), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Holman v. DeJoy, 23-11268, appeal from N.D. Tex.
    • per curiam (Jones, Smith, Dennis), employment discrimination, Title VII
    • Affirming dismissal of postal employee’s Title VII claims.
  • Kennard Law, P.C. v. United Airlines Co., 23-20430, appeal from S.D. Tex.
    • per curiam (Clement, Graves, Ramires), sanctions
    • Vacating district court’s award of sanctions against attorneys, and remanding for further proceedings.
  • Reiss v. Texas A&M University, 23-20462, appeal from S.D. Tex.
    • per curiam (Jones, Smith, Dennis), Americans with Disabilities Act
    • Affirming summary judgment dismissal of plaintiff’s ADA claims.
  • Wynn v. Leday, 23-20502, appeal from S.D. Tex.
    • Higginson, J. (King, Stewart, Higginson), sec. 1983
    • Affirming dismissal of survivors’ sec. 1983 claims arising from suicide of prisoner.
  • U.S. v. Sanchez-Leija, 23-20532, appeal from S.D. Tex.
    • per curiam (Barksdale, Stewart, Ramirez), criminal, sentencing
    • Affirming 57-month sentence on conviction of illegal reentry.
  • U.S. v. Holmes, 23-30096, appeal from E.D. La.
    • per curiam (Smith, Engelhardt, Ramirez), criminal, sentencing
    • Affirming 120-month sentence on firearm charges arising from participation in gang activity.
  • U.S. v. Esteen, 23-30272, appeal from E.D. La.
    • per curiam (Jones, Smith, Ho), criminal, guilty plea
    • Affirming guilty plea conviction of carjacking and brandishing a firearm during a carjacking.
  • U.S. v. Ennis, 23-30397, c/w U.S. v. Cain, 23-30570, appeal from W.D. La.
    • per curiam (Jones, Smith, Ho), criminal, sentencing
    • Affirming one co-defendant’s 120-month sentence on conviction of distribution and possession with intent to distribute methamphetamine; and vacating 120-month sentence of other co-defendant, and remanding for resentencing.
  • U.S. v. Dannel, 23-30452, appeal from E.D. La.
    • per curiam (Wiener, Ho, Ramirez), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Henry v. Howard L. Nations, A.P.C., 23-30467, c/w Gaudet v. Howard L. Nations, A.P.C., 23-30470, appeal from E.D. La.
    • Graves, J. (Southwick, Haynes, Graves), legal malpractice
    • Reversing grant of motion to enforce settlement agreement in malpractice claims arising from BP oil spill, holding that there was no enforceable settlement agreement.
  • U.S. v. Robinson, 23-30608, appeal from W.D. La.
    • per curiam (Smith, Stewart, Duncan), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Gemelli v. Nicosia, 23-30661, appeal from E.D. La.
    • per curiam (Davis, Stewart, Southwick), sec. 1983
    • Affirming dismissal of suit against district attorneys for failure to adhere to Brady.
  • Holladay v. Lowe’s Home Centers, 23-30769, appeal from W.D. La.
    • per curiam (King, Stewart, Higginson), personal tort
    • Affirming summary judgment dismissal of slip-and-fall claim.
  • U.S. v. Labit, 23-30836, appeal from W.D. La.
    • per curiam (Smith, Stewart, Duncan), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Allen-Shinn, 23-30841, appeal from W.D. La.
    • per curiam (Wiener, Ho, Ramirez), criminal, guilty plea, Sixth Amendment
    • Affirming conviction and 210-month sentence for receipt of child pornography.
  • Rhodes v. Louisiana, 23-30884, appeal from M.D. La.
    • per curiam (Wiener, Ho, Ramirez), prisoner suit
    • Affirming dismissal of Louisiana state prisoner’s sec. 1983 claims.
  • U.S. v. Jones, 23-30907, appeal from W.D. La.
    • per curiam (Haynes, Higginson, Douglas), criminal, sentencing
    • Affirming 24-month sentence on conviction of concealment of assets during a bankruptcy proceeding.
  • Fernandez v. Jagger, 23-30909, appeal from E.D. La.
    • per curiam (Clement, Graves, Ramirez), copyright, personal jurisdiction
    • Affirming dismissal of copyright enforcement claim against Rolling Stones songwriters, for lack of personal jurisdiction and improper venue.
  • U.S. v. Winfield, 23-30919, appeal from W.D. La.
    • per curiam (Elrod, Haynes, Duncan), criminal, sentencing
    • Affirming 188-month sentence on conviction of distribution of methamphetamine.
  • U.S. v. Flores-Calderon, 23-40112, appeal from S.D. Tex.
    • per curiam (Haynes, Higginson, Douglas), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Cardona-Garcia, 23-40301, appeal from S.D. Tex.
    • per curiam (Dennis, Southwick, Ho), Ho, J., dissenting without opinion; criminal, sentencing
    • Reversing application of crime of violence sentencing enhancement to his prior South Dakota convictions for sexual contact with a child, and remanding for resentencing.
  • U.S. v. Simpson, 23-40562, appeal from E.D. Tex.
    • per curiam (Wiener, Ho, Ramirez), criminal, search and seizure, sentencing
    • Affirming conviction and sentence, including upholding denial of motion to suppress, for possession of a firearm and ammunition by a convicted felon.
  • Lozano v. Collier, 23-40568, appeal from E.D. Tex.
    • per curiam (Willett, Duncan, Ramirez), prisoner suit, Religious Land Use and Institutionalized Persons Act
    • Affirming dismissal of Texas state prisoner’s Free Exercise and Equal Protection clause claims regarding religion-oriented dietary requirements, but vacating district court’s dismissal of RLUIPA claim insofar as it failed to apply the correct burden-shifting framework, and remanding for further proceedings.
  • U.S. v. Montoya, 23-40575, appeal from E.D. Tex.
    • per curiam (Jones, Graves, Wilson), criminal, guilty plea
    • Affirming guilty plea conviction for conspiracy to manufacture and distribute cocaine intending, knowing, and with reasonable cause to believe that the cocaine would be unlawfully imported into the United States.
  • M.A.C. v. Garza, 23-40592, appeal from S.D. Tex.
    • per curiam (Southwick, Haynes, Graves), qualified immunity
    • Reversing denial of qualified immunity dismissal, and remanding for district court to determine whether dismissal should be with or without prejudice.
  • U.S. v. Ramirez, 23-40599, appeal from S.D. Tex.
    • per curiam (Jolly, Graves, Oldham), criminal, sufficiency of evidence
    • Affirming conviction of possessing with intent to distribute more than 500 grams of a mixture or substance containing a detectable amount of cocaine.
  • U.S. v. Salas, 23-40606, appeal from S.D. Tex.
    • per curiam (King, Stewart, Higginson), criminal, sentencing
    • Affirming conviction and 384-month sentence for sexual exploitation of a minor child and possession of child pornography.
  • U.S. v. Franklin, 23-40608, appeal from E.D. Tex.
    • per curiam (Davis, Smith, Higginson), criminal, sufficiency of evidence
    • Affirming conviction of possessing with the intent to distribute cocaine, possessing a firearm in furtherance of a drug trafficking crime, and possessing ammunition as a convicted felon.
  • U.S. v. Zarco, 23-40643, appeal from S.D. Tex.
    • per curiam (King, Southwick, Engelhardt), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Lee, 23-40675, appeal from E.D. Tex.
    • per curiam (Davis, Stewart, Southwick), criminal, sufficiency of evidence
    • Affirming conviction of possession of ammunition by a felon.
  • U.S. v. Orozco-Rangel, 23-50587, appeal from W.D. Tex.
    • per curiam (Jones, Smith, Ho), criminal, sentencing
    • Affirming 57-month sentence on conviction of illegal reentry.
  • Hopkins v. Wayside Schools, 23-50600, appeal from W.D. Tex.
    • per curiam (King, Stewart, Higginson), employment, whistleblower, sovereign immunity
    • Reversing sovereign immunity dismissal of plaintiff’s whistleblower claim for reporting mismanagement of federal funds, but affirming dismissal of § 1981 racial discrimination claim and Equal Protection claim.
  • McGee v. Collier, 23-50613, appeal from W.D. Tex.
    • per curiam (Smith, Stewart, Duncan), prisoner suit
    • Affirming dismissal of Texas state prisoner’s § 1983 suit.
  • U.S. v. Martinez-Ibarra, 23-50715, appeal from W.D. Tex.
    • per curiam (Higginbotham, Jones, Oldham), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Rainbow Energy Marketing Corp. v. DC Transco, L.L.C., 23-50720, appeal from W.D. Tex.
    • per curiam (Clement, Graves, Ramirez), breach of contract, diversity jurisdiction
    • Remanding appeal of judgment on breach of contract claim to district court to determine whether diversity jurisdiction exists.
  • U.S. v. Williams, 23-50725, appeal from W.D. Tex.
    • per curiam (Wiener, Elrod, Wilson), criminal, sentencing
    • Vacating 36-month sentence on revocation of supervised release as plain error, and remanding for resentencing.
  • U.S. v. Lopez, 23-50738, appeal from W.D. Tex.
    • per curiam (Jones, Graves, Wilson), criminal, sentencing
    • Affirming 188-month sentence on conviction of possession of a firearm by a felon.
  • Irby v. Wormuth, 23-50747, appeal from W.D. Tex.
    • per curiam (Clement, Graves, Ramirez), employment discrimination, Title VII
    • Affirming summary judgment dismissal of Title VII employment discrimination claims.
  • U.S. v. Puerto-Zapatas, 23-50766, appeal from W.D. Tex.
    • per curiam (Wiener, Ho, Ramirez), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Acosta v. Williamson County, 23-50777, appeal from W.D. Tex.
    • per curiam (King, Stewart, Higginson), municipal liability, § 1983, Americans with Disabilities Act
    • Affirming summary judgment dismissal of municipal liability, § 1983, and ADA claims arising from overnight detention for DUI.
  • U.S. v. Lopez, 23-50827, appeal from W.D. Tex.
    • per curiam (Smith, Stewart, Duncan), criminal, search and seizure
    • Affirming conviction of conspiracy to import methamphetamine, importation of meth, conspiracy to possess meth with intent to distribute, and possession with intent to distribute meth, upholding denial of motion to suppress.
  • U.S. v. Cosilion-Aguilar, 23-50833, appeal from W.D. Tex.
    • per curiam (Wiener, Ho, Ramirez), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Tercero-Gonzalez, 23-50860, appeal from W.D. Tex.
    • per curiam (Higginbotham, Jones, Oldham), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Smiley, 23-50916, appeal from W.D. Tex.
    • per curiam (Haynes, Higginson, Douglas), criminal
    • Affirming conviction of being a felon in possession of a firearm.
  • U.S. v. Nelson, 23-60086, appeal from N.D. Miss.
    • per curiam (Clement, Engelhardt, Wilson), criminal, sentencing, restitution
    • Affirming conviction for conspiracy to commit healthcare fraud and healthcare fraud, 60-month sentence, and $15,453,316.57 restitution award.
  • Suarez-Navarro v. Garland, 23-60308, petition for review of BIA order
    • per curiam (Southwick, Haynes, Graves), immigration
    • Denying Mexican citizen’s petition for review of BIA’s denial of his motion for reconsideration.
  • Sidi v. Garland, 23-60564, petition for review of BIA order
    • per curiam (Jones, Smith, Ho), immigration
    • Denying Mauritanian citizen’s petition for review of BIA’s denial of his application for protection under the Convention Against Torture.
  • Figueroa v. Garland, 23-60573, petition for review of BIA order
    • per curiam (Jolly, Jones, Haynes), immigration
    • Denying Honduran citizen’s petition for review of BIA order adopting and affirming an immigration judge’s (IJ) opinion denying his requests for withholding of removal and protection under the Convention Against Torture.
  • Jordan Properties, Ltd. v. City of Cleveland, 23-60625, appeal from N.D. Miss.
    • per curiam (Wiener, Elrod, Wilson), § 1983, municipal liability
    • Affirming in part, reversing in part, and remanding from dismissal of plaintiff’s claims arising from demolition of rental property.
  • U.S. v. Barton, 23-60631, appeal from N.D. Miss.
    • per curiam (Jones, Graves, Wilson), criminal, sentencing
    • Affirming sentence on revocation of supervised release.
  • Medina v. Lumpkin, 23-70003, appeal from S.D. Tex.
    • per curiam (Smith, Stewart, Graves), habeas corpus, ineffective assistance of counsel
    • Denying COA from district court’s denial of ineffective assistance of counsel and constitutional claims.
  • U.S. v. Perales, 24-10003, appeal from N.D. Tex.
    • per curiam (Haynes, Higginson, Douglas), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Calhoun, 24-10029, appeal from N.D. Tex.
    • per curiam (Haynes, Higginson, Douglas), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Heo, 24-10058, appeal from N.D. Tex.
    • per curiam (Graves, Willett, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Huertas, 24-10059, appeal from N.D. Tex.
    • per curiam (Higginbotham, Jones, Oldham), criminal, sentencing
    • Affirming conviction and sentence for illegal reentry.
  • U.S. v. Reyes, 24-10133, appeal from N.D. Tex.
    • per curiam (Davis, Smith, Higginson), criminal, sentencing
    • Affirming 21-month sentence on revocation of supervised release.
  • U.S. v. Stradford, 24-10144, appeal from N.D. Tex.
    • per curiam (Smith, Stewart, Duncan), criminal, sentencing
    • Affirming seven-month sentence on revocation of supervised release.
  • U.S. v. Dennis, 24-10209, appeal from N.D. Tex.
    • per curiam (Wiener, Ho, Ramirez), criminal, compassionate release
    • Affirming denial of motion for sentence reduction.
  • U.S. v. Vazquez, 24-10232, appeal from N.D. Tex.
    • per curiam (Elrod, Haynes, Duncan), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Farooq v. Bolt, 24-10327, appeal from N.D. Tex.
    • per curiam (Jolly, Jones, Willett), employment discrimination, Title VII
    • Affirming dismissal of Title VII employment discrimination claim for failure to exhaust administrative remedies.
  • Palo Pinto Conservatives v. Long, 24-10432, appeal from N.D. Tex.
    • per curiam (Haynes, Willett, Oldham), Haynes, J., dissenting in part in footnote; election law, First Amendment
    • Vacating district court’s denial of preliminary injunction on County Commissioners’ electioneering regulations regarding electioneering on County property, granting preliminary injunction, and remanding for further proceedings.
    • Judge Haynes dissented from the granting of preliminary injunction as to two subsections of the regulations that she would find directly addressed true safety issues.
  • U.S. v. Cordova-Zamora, 24-20002, appeal from S.D. Tex.
    • per curiam (Barksdale, Stewart, Ramirez), criminal, sentencing
    • Affirming 96-month sentence for illegal reentry.
  • U.S. v. Ramirez-Alvarado, 24-20020, appeal from S.D. Tex.
    • per curiam (Smith, Stewart, Duncan), criminal, sentencing
    • Affirming 60-month sentence on conviction of illegal reentry.
  • Rylander v. Kroger Co., 24-20108, appeal from S.D. Tex.
    • per curiam (Davis, Stewart, Southwick), employment discrimination, Title VII, Age Discrimination in Employment Act
    • Affirming summary judgment dismissal of various employment-related claims.
  • Johnson v. Prator, 24-30058, appeal from W.D. La.
    • per curiam (Jones, Dennis, Southwick), prisoner suit
    • Affirming dismissal of Louisiana state prisoner’s § 1983 claims.
  • U.S. v. Parker, 24-30061, appeal from M.D. La.
    • per curiam (Elrod, Haynes, Duncan), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Kerr, 24-30064, appeal from E.D. La.
    • per curiam (King, Southwick, Engelhardt), criminal, sentencing
    • Affirming 37-month sentence on conviction of possession of a firearm by a felon.
  • U.S. v. Richard, 24-30081, appeal from W.D. La.
    • per curiam (Higginbotham, Jones, Oldham), criminal, compassionate release
    • Affirming denial of motion for sentence reduction.
  • U.S. v. Thomas, 24-30102, appeal from W.D. La.
    • per curiam (Higginbotham, Jones, Oldham), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Ricks, 24-30110, appeal from M.D. La.
    • per curiam (Smith, Stewart, Duncan), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Perrillioux v. Louisiana, 24-30113, appeal from M.D. La.
    • per curiam (Higginbotham, Jones, Oldham), prisoner suit
    • Affirming dismissal of Louisiana state prisoner’s § 1983 claims.
  • U.S. v. Melancon, 24-30118, appeal from M.D. La.
    • per curiam (King, Southwick, Engelhardt), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Rivera-Pina, 24-40055, appeal from E.D. Tex.
    • per curiam (Higginbotham, Jones, Oldham), criminal, sentencing
    • Affirming 120-month sentence on conviction of illegal reentry.
  • U.S. v. Rubio-Flores, 24-40079, appeal from S.D. Tex.
    • per curiam (Haynes, Higginson, Douglas), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Robinson, 24-50073, appeal from W.D. Tex.
    • per curiam (Stewart, Haynes, Higginson), habeas corpus
    • Denying COA, and affirming district court’s denial of defendant’s unauthorized successive § 2255 petition.
  • Ferrara v. Barnett, 24-50303, appeal from W.D. Tex.
    • per curiam (Jolly, Jones, Willett), § 1983
    • Affirming denial of Rule 60(b) motion after judgment dismissing § 1983 claims.
  • Mejia-De Marquez v. Garland, 24-60045, petition for review of BIA order
    • per curiam (Smith, Stewart, Duncan), immigration
    • Denying Salvadoran citizen’s petition for review of BIA order dismissing her appeal of an order of an Immigration Judge ordering her removed and denying her application for asylum, withholding of removal, and protection.