August 22, 2024, opinions

Posted on by tadbartlett

Designated for publication

  • U.S. v. Plezia, 23-20483, appeal from S.D. Tex.
    • Stewart, J. (Higginbotham, Stewart, Higginson), criminal, equitable tolling, sufficiency of evidence, witness testimony
    • Vacating conviction of making false statements on the basis that equitable tolling of the statute of limitations was unavailable; but affirming convictions of conspiracy to defraud the United States and falsification of records in a federal investigation, rejecting sufficiency of the evidence arguments and the defendant’s argument that the district court erred in allowing two witnesses to testify with the aid of prior recorded recollections.
  • Stevenson v. Tocé, 23-30486, appeal from M.D. La.
    • Graves, J. (Clement, Graves, Ramirez), qualified immunity
    • Affirming denial of motion to dismiss on qualified immunity grounds a Louisiana state prisoner’s suit arising from prison physicians’ refusal to fix broken surgical screws in his ankle or to relieve him from field labor.

Unpublished

  • U.S. v. Saldana-Alaniz, 23-40658, appeal from S.D. Tex.
    • per curiam (Smith, Stewart, Duncan), criminal, search and seizure
    • Affirming conviction of possession of a firearm by an illegal alien, upholding denial of motion to suppress.
  • Martinez-Sabillon v. Garland, 23-60281, petition for review of BIA order
    • per curiam (Barksdale, Haynes, Wilson), immigration
    • Denying Honduran citizen’s petition for review of BIA order upholding the denial of asylum, withholding of removal, and protection under the CAT, and denying motion for reconsideration and to reopen.
  • Lara v. Garland, 23-60551, petition for review of BIA order
    • per curiam (Higginbotham, Jones, Oldham), immigration
    • Dismissing Mexican citizen’s petition for review of BIA order denying motion to reopen.
  • U.S. v. Kinlock, 24-20043, appeal from S.D. Tex.
    • per curiam (Smith, Stewart, Duncan), criminal, compassionate release
    • Affirming denial of motion for sentence reduction.
  • U.S. v. Harris, 24-30091, appeal from W.D. La.
    • per curiam (Haynes, Higginson, Douglas), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Weathersby v. F.L. Crane & Sons, 24-60141, appeal from S.D. Miss.
    • per curiam (Davis, Stewart, Southwick), Title VII, employment discrimination
    • Affirming summary judgment dismissal of employment discrimination claim.