September 5, 2024, opinions

Posted on by tadbartlett

Unpublished

  • U.S. v. Thomas, 23-10735, appeal from N.D. Tex.
    • per curiam (King, Stewart, Higginson), criminal
    • Affirming conviction of wire fraud.
  • U.S. v. Hagin, 23-10928, appeal from N.D. Tex.
    • per curiam (Jolly, Graves, Oldham), criminal, sentencing
    • Affirming denial of motion for sentence reduction.
  • U.S. v. Estes, 23-30488, appeal from E.D. La.
    • per curiam (Jolly, Graves, Oldham), criminal, sufficiency of evidence
    • Affirming conviction of possession with intent to distribute fentanyl and cocaine, possession of a firearm in furtherance of a drug trafficking crime, possession of a firearm after a felony conviction, and possession with intent to distribute 40 grams or more of fentanyl and a quantity of cocaine.
  • Cantu v. Tamez, 23-40673, appeal from S.D. Tex.
    • per curiam (Ho, Duncan, Oldham), qualified immunity
    • Affirming denial of qualified immunity dismissal for two officer defendants in excessive force claim, and reversing denial of qualified immunity dismissal as to third officer defendant.
  • U.S. v. Flores, 23-50861, appeal from W.D. Tex.
    • per curiam (Barksdale, Stewart, Ramirez), criminal
    • Affirming conviction of conspiracy to possess with intent to distribute five kilograms or more of cocaine, and aiding and abetting possession with intent to distribute five kilograms or more of cocaine.
  • Ezeah v. Garland, 23-60615, petition for review of BIA order
    • per curiam (Higginbotham, Jones, Oldham), immigration
    • Denying in part and dismissing in part Nigerian citizen’s petition for review of BIA order denying motion to reopen.
  • U.S. v. Vargas, 24-10028, appeal from N.D. Tex.
    • per curiam (Higginbotham, Jones, Oldham), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Tamimi v. Messina, 24-10051, appeal from N.D. Tex.
    • per curiam (Southwick, Haynes, Douglas), breach of contract, personal jurisdiction
    • Affirming dismissal of breach of contract claims for lack of both general and specific personal jurisdiction.
  • U.S. v. Viera, 24-10095, appeal from N.D. Tex.
    • per curiam (Jolly, Graves, Oldham), criminal, compassionate release
    • Affirming denial of motion for compassionate release.
  • Patra v. Schlumberger Technology Corp., 24-20104, appeal from S.D. Tex.
    • per curiam (Jolly, Graves, Oldham), Title VII, employment discrimination, Age Discrimination in Employment Act, Americans with Disabilities Act
    • Affirming dismissal of discrimination claims.
  • Buchanan v. U.S., 24-50194, appeal from W.D. Tex.
    • per curiam (Davis, Stewart, Southwick), sec. 1983
    • Affirming dismissal of claims for lack of prosecution.
  • Rollins v. Kiffin, 24-60051, appeal from N.D. Miss.
    • per curiam (Southwick, Haynes, Douglas), employment discrimination
    • Affirming summary judgment dismissal of discrimination claims.
  • Stankevich v. Mississippi College School of Law, 24-60087, appeal from S.D. Miss.
    • per curiam (Ho, Duncan, Oldham), Americans with Disabilities Act, breach of contract
    • Affirming 12(b)(6) dismissal of former law student’s claims that law school had breached its contract with him and violated the ADA when it banned him from campus due to concerns raised by threats he posted.