January 6, 2025, opinions

Posted on by tadbartlett

Designated for publication

  • Franklin v. Regions Bank, 23-30860, appeal from W.D. La.
    • Clement, J. (Smith, Clement, Higginson), breach of contract
    • On breach of contract claim arising from the extension of a lease over a whole tract, rather than a portion, by a bank that managed co-lessor’s interest in a mineral interests on the tract, affirming district court’s judgment that the lease calculated royalty on a gross-proceeds basis and its use of extrinsic evidence to reach that finding; reversing district court’s award of royalty damages plus prejudgment interest; and remanding for district court to consider actual loss data if available for past years.
  • U.S. v. Daniels, 22-60596, appeal from S.D. Miss.
    • Smith, J. (Smith, Higginson, Willett), Higginson, J., concurring; criminal, Second Amendment
    • Reversing conviction for possession of a firearm by an “unlawful user” of a controlled substance, holding that “the government could not constitutionally apply § 922(g)(3) to a defendant based solely on her ‘habitual or occasional drug use,'” where the jury did not necessarily find that the defendant was intoxicated at the time of arrest.
    • Judge Higginson concurred. He agreed with reversal of the conviction, but would find that the error was in the instructions to the jury, rather than an evidentiary error.

Unpublished

  • U.S. v. Johnson, 24-10194, appeal from N.D. Tex.
    • per curiam (Dennis, Haynes, Ramirez), criminal, sentencing
    • Affirming revocation sentence based on calculation of drug amount.
  • U.S. v. Morris, 24-10408, appeal from N.D. Tex.
    • per curiam (Jolly, Jones, Willett), criminal, compassionate release
    • Affirming denial of motion for compassionate release.
  • Dent v. McDonough, 24-10446, appeal from N.D. Tex.
    • per curiam (King, Southwick, Engelhardt), employment discrimination, Title VII
    • Affirming summary judgment dismissal of Title VII claims.
  • Miller v. Dunn, 24-10668, appeal from N.D. Tex.
    • per curiam (King, Southwick, Engelhardt), § 1983
    • Affirming dismissal of plaintiff’s constitutional claims arising from divorce and child-custody proceedings.
  • Nazimuddin v. Wells Fargo Bank, N.A., 24-20343, appeal from S.D. Tex.
    • per curiam (Jolly, Jones, Willett), banking law
    • Affirming dismissal of plaintiff’s claims for breach of contract and violation of the Electronic Fund Transfer Act arising from fraudulent bank transfers from plaintiff’s account.
  • U.S. v. Scurto, 24-30077, appeal from E.D. La.
    • per curiam (Higginbotham, Jones, Oldham), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Bennett, 24-30300, appeal from E.D. La.
    • per curiam (Jolly, Jones, Willett), criminal, compassionate release
    • Affirming denial of motion for compassionate release.
  • LaMartina v. Madden, 24-30381, appeal from E.D. La.
    • per curiam (Dennis, Ho, Oldham), § 1983
    • Affirming dismissal of plaintiff’s claims arising from arrests and prosecutions as violating Heck v. Humphrey.
  • U.S. v. Rebolledo-Sanchez, 24-40253, appeal from S.D. Tex.
    • per curiam (Higginbotham, Jones, Oldham), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Transportation Management Services, Inc. v. Hiscox Insurance Co., 24-50178, appeal from W.D. Tex.
    • per curiam (Dennis, Ho, Oldham), 12(b)(6)
    • Reversing district court’s dismissal of plaintiff’s original complaint after removal, where defendant demonstrated that it knew that an amended complaint was the operative complaint and where district court did not act on plaintiff’s alternative request in opposition to the motion to dismiss to have leave to amend; and remanding for further proceedings.
  • Cantu v. Moore, 24-50311, appeal from W.D. Tex.
    • per curiam (Higginbotham, Jones, Oldham), 12(b)(6)
    • Affirming dismissal of plaintiff’s claim pursuant to the Texas Vexatious Litigation Statute.
  • Reese v. Martinez, 24-50470, appeal from W.D. Tex.
    • per curiam (Southwick, Willett, Oldham), prisoner suit
    • Dismissing as frivolous appeal from dismissal of Texas state prisoner’s § 1983 claims.
  • Williams v. Austin Police Department, 24-50487, appeal from W.D. Tex.
    • per curiam (Jolly, Jones, Willett), § 1983, timeliness
    • Affirming dismissal as time-barred and insufficiently pled the plaintiff’s § 1983 claims arising from forcible removal from airport restroom.
  • Serrano v. Mulanax, 23-50660, appeal from W.D. Tex.
    • per curiam (Southwick, Willett, Oldham), prisoner suit
    • Dismissing as frivolous the § 1983 claims of a now-former Texas state prisoner.
  • U.S. v. Rodriguez, 24-40191, appeal from E.D. Tex.
    • per curiam (Jolly, Jones, Willett), criminal, sentencing
    • Affirming 240-month sentence on conviction of conspiracy to distribute methamphetamine.