January 8, 2025, opinions

Posted on by tadbartlett

Designated for publication

  • Davis v. U.S., 24-10150, appeal from N.D. Tex.
    • Hendrix, J. (Jones, Oldham, Hendrix, by designation), criminal, compassionate release
    • Affirming dismissal for lack of jurisdiction over movant’s motion for compassionate release, on basis that the compassionate-release statute does not apply to sentences imposed by the Uniform Code of Military Justice, such that district courts are not empowered to grant compassionate release to a court-martialed military convict.
  • Shahrashoob v. Texas A&M University, 23-20618, appeal from S.D. Tex.
    • Morales, J. (Willett, Douglas, Morales, by designation), Title VII, employment discrimination
    • Affirming summary judgment dismissal of plaintiff’s Title VII discrimination and retaliation claim arising from the shortening and subsequent non-renewal of the plaintiff’s faculty employment contract.
    • The Court held that the plaintiff forfeited certain arguments in support of her discrimination claim by failing to raise them below; and that even if not forfeited those arguments did not make out a prima facie case. The Court also held that the plaintiff failed to save her retaliation claim when she failed to show that the university’s proffered reasons for her non-renewal were pretextual.
  • Sauceda v. Lopez, 24-40174, appeal from S.D. Tex.
    • per curiam (Jones, Oldham, Hendrix, by designation), qualified immunity
    • Affirming district court’s holding in dismissing the plaintiff’s false arrest claim on qualified immunity grounds, that the law regarding arrest of a person without a warrant and within the curtilage of his home was not clearly established at the time of the 2015 arrest.
  • Lucas v. Lumpkin, 24-40359, appeal from E.D. Tex.
    • Ho, J. (Stewart, Ho, Ramirez; Stewart, J., concurring in judgment only), habeas corpus
    • Denying motion for reconsideration, and reaffirming dismissal of appeal from denial of habeas relief as untimely.

Unpublished

  • U.S. v. Calleros-Corral, 24-10472, appeal from N.D. Tex.
    • per curiam (Haynes, Higginson, Douglas), criminal, sentencing
    • Affirming 24-month sentence on conviction of illegal reentry.
  • U.S. v. Palazuelos, 24-10499, appeal from N.D. Tex.
    • per curiam (Smith, Stewart, Duncan), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Gonzalez, 23-10999, appeal from N.D. Tex.
    • per curiam (Ho, Engelhardt, Douglas), criminal, sentencing
    • Affirming drug-trafficking and firearm possession convictions and life sentence.
  • U.S. v. Goins, 24-20187, appeal from S.D. Tex.
    • per curiam (Jones, Oldham, Hendrix, by designation), criminal, sentencing
    • Vacating in part and affirming in part sentence on revocation of supervised release, and remanding for further proceedings.
  • U.S. v. Filos, 24-30006, appeal from M.D. La.
    • per curiam (Smith, Stewart, Duncan), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Cole, 24-40158, appeal from S.D. Tex.
    • per curiam (Jones, Oldham, Hendrix, by designation), criminal, search and seizure
    • Affirming conviction of possession of a firearm by a felon, upholding denial of motion to suppress.