September 10-12, 2024, opinions

Posted on by tadbartlett

Designated for publication

  • U.S. v. Rahimi, 21-11001, appeal from N.D. Tex.
    • per curiam (Jones, Ho, Wilson), Ho, J., concurring; criminal, sentencing
    • On remand from the U.S. Supreme Court, affirming defendant’s conviction of being in possession of a firearm while subject to a domestic violence restraining order; and affirming sentence of 73 months to run consecutively with any state court sentence on pending charges.
    • The Court held that “the record as a whole plausibly supports the district court’s finding that Rahimi’s pending state charges involve alleged conduct not part of the same course of conduct as Rahimi’s possession of a firearm in violation of a restraining order.”
    • Judge Ho concurred. opining that the Supreme Court’s decision endangers catching victims of domestic violence up in a denial of Second Amendment rights to defend themselves.
  • Cole v. Collier, 23-40216, appeal from E.D. Tex.
    • Elrod, J. (Wiener, Elrod, Wilson), Religious Land Use and Institutionalized Persons Act
    • Vacating district court’s dismissal of Texas state prisoner’s RLUIPA claims against Texas Department of Criminal Justice arising from denial of prisoner’s request for non-pork meat at each meal based on prisoner’s Baha’i faith, where prison only supplied non-pork meat options for 2/3 of the meals.
    • The Court held that “TDCJ provided no evidence supporting its compelling interest [that the limitation on non-pork meat was a cost-controlling measure] nor demonstrating that its current policy was the least restrictive means of furthering that asserted interest.”
  • Century Surety Co. v. Colgate Operating, L.L.C., 23-50530, appeal from W.D. Tex.
    • Jones, J. (Jones, Douglas, Doughty, by designation), indemnity
    • Affirming summary judgment for defendant in mutual-indemnity case, holding that the defendant’s insurance policies to back up its side of the indemnity “provided both a floor and a ceiling” on the amount of mutual indemnity.
  • Miller v. Nelson, 23-50537, appeal from W.D. Tex.
    • Elrod, J. (Wiener, Elrod, Wilson), election law
    • Affirming in part and reversing in part district court’s judgment as to challenge by minor party and independent candidates to Texas’s ballot-access laws, where district court had dismissed all of the plaintiffs’ challenges except their equal protection challenge on the finding that the minor party/independent candidates were subject to a hard-copy requirement for signatures while major party candidates could comply with a less-onerous electronic signature requirement.
    • The Court held that there actually was no discrepancy in the paper-petitioning requirements for ballot access through the petitioning method between major parties and other candidates, thereby reversing the district court’s upholding of the equal protection challenge and dismissing the remainder of the plaintiffs’ claims.
  • Ambler v. Nissen, 23-50696, appeal from W.D. Tex.
    • Douglas, J. (Smith, Wiener, Douglas), Smith, J., dissenting; qualified immunity
    • Dismissing for lack of appellate jurisdiction officer defendant’s appeal from denial of qualified immunity summary judgment, on basis that summary judgment was denied due to the presence of material fact issues.
    • Judge Smith dissented, opining, “[T]he majority makes it impossible for officers to receive qualified immunity in cases of accidental death, no matter how reasonable their use of force was in context.”
  • Mayfield v. U.S. Department of Labor, 23-50724, appeal from W.D. Tex.
    • Elrod, J. (Wiener, Elrod, Wilson), Fair Labor Standards Act, nondelegation
    • Affirming district court’s grant of summary judgment to the Department of Labor on plaintiff’s challenge to DOL’s rule updating the minimum salary necessary to fall within the White Collar Exemption to the FLSA.
    • The Court held that “the 2019 Minimum Salary Rule falls within the Department’s explicitly delegated authority to define and delimit the terms of the Exemption, and … that power is not an unconstitutional delegation of legislative power.”

Unpublished

  • U.S. v. Larios, 22-10967, appeal from N.D. Tex.
    • per curiam (Southwick, Graves, Engelhardt), criminal, sentencing
    • Affirming 192-month sentence on conviction of conspiracy to possess with the intent to distribute a controlled substance, possession with the intent to distribute a controlled substance, and conspiracy to use interstate commerce facilities in the commission of a murder-for-hire.
  • U.S. v. Campion, 23-10732, appeal from N.D. Tex.
    • per curiam (King, Southwick, Engelhardt), criminal, sentencing
    • Affirming 151-month sentence on conviction of possession with intent to distribute fentanyl.
  • American Pearl Group, L.L.C. v. National Payment Systems, L.L.C., 23-10804, appeal from N.D. Tex.
    • per curiam (Stewart, Duncan, Engelhardt), usury
    • Certifying a question to the Texas state supreme court regarding whether scheduled interest payments were usurious; and reversing in part, vacating in part, and remanding dismissal of usury claims as to interest pursuant to option agreement between parties.
    • Certified question is as follows:
      • “Section 306.004(a) of the Texas Finance Code provides: ‘To determine whether a commercial loan is usurious, the interest rate is computed by amortizing or spreading, using the actuarial method during the stated term of the loan, all interest at any time contracted for, charged, or received in connection with the loan.’ If the loan in question provides for periodic principal payments during the loan term, does computing the maximum allowable interest rate ‘by amortizing or spreading, using the actuarial method’ require the court to base its interest calculations on the declining principal balance for each payment period, rather than the total principal amount of the loan proceeds?”
  • King v. DFW International Airport Board, 23-11084, appeal from N.D. Tex.
    • Wilson, J. (Wiener, Elrod, Wilson), employment discrimination, Americans with Disabilities Act
    • Affirming summary judgment dismissal of ADA-retaliation and discrimination claims.
  • U.S. v. Hazen, 23-11248, appeal from N.D. Tex.
    • per curiam (King, Southwick, Engelhardt), criminal, sentencing
    • Affirming 60-month sentence on conviction of interstate threatening communications.
  • U.S. v. Bermudez, 23-20542, appeal from S.D. Tex.
    • per curiam (Wiener, Ho, Ramirez), criminal, sentencing
    • Affirming 120-month sentence on conviction of possession with intent to distribute one kilogram or more of heroin.
  • Guillory v. Crete Carrier Corp., 23-30592, appeal from W.D. La.
    • per curiam (Jones, Willett, Engelhardt), personal tort
    • Affirming damages and fault allocation in judgment on jury verdict in auto accident case.
  • U.S. v. Turner, 23-30730, appeal from E.D. La.
    • per curiam (Elrod, Haynes, Duncan), criminal, sentencing
    • Dismissing under plea agreement appeal waiver appeal of sentencing for conviction of conspiracy to distribute and possess with intent to distribute a controlled substance and possession of a firearm in and affecting commerce by a felon.
  • U.S. v. Pierce, 23-30915, appeal from W.D. La.
    • per curiam (Southwick, Graves, Engelhardt), criminal, sentencing
    • Affirming conviction and 93-month sentence for possession of a firearm by a convicted felon.
  • U.S. v. Beltran, 23-40510, appeal from S.D. Tex.
    • per curiam (King, Southwick, Engelhardt), criminal, sentencing
    • Affirming 120-month sentence on conviction of conspiring to transport aliens within the United States and three substantive counts of transporting an alien within the United States.
  • Seals v. Itex Group L.L.C., 23-40656, appeal from E.D. Tex.
    • per curiam (Davis, Smith, Higginson), Fair Housing Act, Americans with Disabilities Act
    • Affirming 12(b)(6) dismissal of FHA and ADA claims.
  • U.S. v. Alvarado-Varela, 24-10329, appeal from N.D. Tex.
    • per curiam (Haynes, Higginson, Douglas), criminal, sentencing
    • Affirming sentence on conviction of illegal reentry.
  • U.S. v. Campbell, 24-40095, appeal from E.D. Tex.
    • per curiam (Haynes, Higginson, Douglas), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Llanes-Rubalcava, 24-50246, appeal from W.D. Tex.
    • per curiam (Haynes, Higginson, Douglas), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Cruz v. Garland, 24-60180, petition for review of BIA order
    • per curiam (Wiener, Ho, Ramirez), immigration
    • Denying in part and dismissing in part Salvadoran citizen’s petition for review of BIA order denying his motion to reopen and to terminate proceedings.
  • Garcia-Tinoco v. Garland, 24-60188, petition for review of BIA order
    • per curiam (Barksdale, Haynes, Wilson), immigration
    • Denying in part and dismissing in part Mexican citizen’s petition for review of BIA order denying her motion to reopen and terminate proceedings.