September 23, 2024, opinions

Posted on by tadbartlett

Designated for publication

  • Crocker v. Austin, 23-30497, appeal from W.D. La.
    • Kernodle, J. (Southwick, Duncan, Kernodle, by designation), COVID-19, mootness, standing
    • Reversing district court’s dismissal as moot of challenge to Air Force’s COVID-19 vaccine mandate after Air Force rescinded the mandate, and reversing dismissal for lack of standing of plaintiff who had been separated from service, and remanding for further proceedings.
    • The Court held that the separated airman had standing on the basis that he alleged the separation decision was based on pretext, and that he had alleged harms fairly traceable to the Air Force’s challenged actions. The Court also held that the alternative grounds for finding lack of standing, that the airman had failed to exhaust his administrative remedies, should be reversed because the exhaustion requirement should not apply to RFRA claims.
    • The Court held that the claims were not mooted by the rescission of the COVID-19 vaccine mandate, because the claims challenged the religious exemption process for all vaccinations.
  • McKay v. LaCroix, 23-30775, appeal from E.D. La.
    • Engelhardt, J. (Jones, Willett, Engelhardt), qualified immunity
    • Reversing denial of qualified immunity dismissal to two officer defendants arising from the suicide death of plaintiff’s husband, another officer, who shot himself while the defendants were attempting to inform him that he was being reassigned and that the state police were preparing to execute a search warrant on his home.
    • “[N]o constitutional duty exists where, like here, the state has not restrained an individual’s liberty. This is not a case like City of Revere, where police injured a suspect while apprehending him. 463 U.S. at 244. There is no indication from the alleged facts that Sgt. Bordelon and Trooper LaCroix planned or attempted to arrest August or confine him to his home. They visited August’s home to inform him that he was being reassigned at work, and to confirm that the premises were safe for the LSP to execute the search warrant.”

Unpublished

  • U.S. v. Gilowski, 23-10873, appeal from N.D. Tex.
    • per curiam (Wiener, Higginson, Ho), criminal, forfeiture
    • Affirming forfeiture order as part of sentencing on conviction of conspiracy to commit interstate transportation of stolen property and conspiracy to commit mail fraud.
  • U.S. v. Lopez-Llamas, 23-40239, appeal from E.D. Tex.
    • per curiam (Dennis, Willett, Duncan), criminal
    • Affirming conviction of conspiring to possess with the intent to distribute cocaine.
  • U.S. v. Moreno-Garcia, 23-50508, appeal from W.D. Tex.
    • per curiam (Jolly, Stewart, Oldham), criminal, sentencing
    • Affirming sentence on conviction of conspiracy to possess with intent to distribute more than 500 grams of methamphetamine, possession with intent to distribute more than 500 grams of methamphetamine, conspiracy to import more than 500 grams of methamphetamine, and importation of more than 500 grams of methamphetamine.
  • U.S. v. Aguilar-Sanchez, 23-50851, appeal from W.D. Tex.
    • per curiam (Higginbotham, Jones, Oldham), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Jabbeh, 24-10166, appeal from N.D. Tex.
    • per curiam (Graves, Willett, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Arcos-Zacarias, 24-50029, appeal from W.D. Tex.
    • per curiam (Graves, Willett, Wilson), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Contreras-Torres, 24-50162, appeal from W.D. Tex.
    • per curiam (Graves, Willett, Wilson), criminal, sentencing
    • Affirming conviction and sentence for illegal reentry.
  • U.S. v. Shabazz, 24-60096, appeal from S.D. Miss.
    • per curiam (Jolly, Stewart, Oldham), criminal, compassionate release
    • Affirming denial of motion for compassionate release.
  • Monzon-Velasquez v. Garland, 24-60128, petition for review of BIA order
    • per curiam (Wiener, Ho, Ramirez), immigration
    • Denying Guatemalan citizen’s petition for review of BIA order upholding the denial of asylum, withholding of removal, and protection under the Convention Against Torture.
  • Castillo v. Garland, 24-60154, petition for review of BIA order
    • per curiam (Wiener, Ho, Ramirez), immigration
    • Denying Salvadoran citizens’ petition for review of BIA order upholding the denial of asylum, withholding of removal, and protection under the CAT.