January 10, 2025, opinions

Posted on by tadbartlett

Designated for publication

  • Ashley v. Clay County, 24-10005, appeal from N.D. Tex.
    • Stewart, J. (Smith, Stewart, Duncan), arbitration
    • Reversing district court’s order compelling arbitration of plaintiff’s employment and First Amendment claims, and remanding to district court to first determine County’s motion to dismiss on government immunity grounds.
  • Bailey v. Ramos, 23-50185, appeal from W.D. Tex.
    • Willett, J. (Elrod, Willett, Duncan), Elrod, C.J., dissenting in part; qualified immunity
    • Reversing denial of summary judgment on qualified immunity grounds to officer defendant on plaintiff’s unlawful arrest, excessive force, and First Amendment retaliation grounds arising from arrest for interfering with police operations while filming police officers; and remanding with instructions to enter summary judgment dismissing claims.
    • Chief Judge Elrod dissented in part. She would have found genuine disputes of fact on the plaintiff’s excessive force claim, viewing the record in the light favorable to the non-movant, and not instructed dismissal of that claim.
  • U.S. v. Bell, 23-50755, appeal from W.D. Tex.
    • Elrod, C.J. (Elrod, Dennis, Higginson), criminal, sentencing
    • Affirming conviction of being a felon in possession of a firearm, but vacating sentence on district court’s failure to apply an acceptance of responsibility adjustment to the defendant’s sentencing level, and remanding for resentencing.

Unpublished

  • Jenkins v. LaSalle Southwest Corrections, 20-10533, appeal from N.D. Tex.
    • Richman, J. (Elrod, Richman, Oldham), prisoner suit
    • Affirming denial of Rule 60(b) motion from dismissal of Texas state prisoner’s sec. 1983 claims.
  • U.S. v. Lara, 23-20569, appeal from S.D. Tex.
    • per curiam (Jones, Oldham, Hendrix, by designation), criminal, sentencing
    • Affirming sentence on conviction of aiding and abetting a false statement during the acquisition of a firearm.
  • U.S. v. Elwood, 24-30169, appeal from E.D. La.
    • per curiam (Graves, Willett, Wilson), criminal, compassionate release
    • Affirming denial of motion for compassionate release.
  • Watson v. Wray, 24-30202, appeal from E.D. La.
    • per curiam (Jolly, Graves, Oldham), sec. 1983
    • Affirming dismissal of plaintiff’s sec. 1983 claims as frivolous.
  • Handy v. U.S., 24-30228, appeal from W.D. La.
    • per curiam (Davis, Stewart, Southwick), Federal Tort Claims Act
    • Affirming judgment in favor of defendant in auto accident claim involving a U.S. Postal vehicle.
  • U.S. v. Johnson, 24-30468, appeal from W.D. La.
    • per curiam (King, Southwick, Engelhardt), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Akhter v. Mooney, 24-40262, appeal from E.D. Tex.
    • per curiam (Jones, Oldham, Hendrix, by designation), personal tort, timeliness
    • Affirming dismissal of plaintiff’s auto-collision suit when, after filing within two-year limitations period, plaintiff waited more than two years to serve the suit.
  • U.S. v. Contreras-Mejia, 24-40371, appeal from E.D. Tex.
    • per curiam (Jolly, Graves, Oldham), criminal, sentencing
    • Affirming 120-month sentence on conviction of illegal reentry.
  • U.S. v. Bates, 24-40393, appeal from E.D. Tex.
    • per curiam (Barksdale, Haynes, Wilson), criminal, sentencing
    • Affirming 120-month sentence on conviction of possession of a firearm by a felon.
  • U.S. v. Salvador-Garcia, 24-40523, appeal from E.D. Tex.
    • per curiam (Barksdale, Haynes, Wilson), criminal, sentencing
    • Affirming 120-month sentence on conviction of illegal reentry.
  • U.S. v. Quintana-Catalan, 24-50388, appeal from W.D. Tex.
    • per curiam (King, Southwick, Engelhardt), criminal, sentencing
    • Affirming conviction and sentence for illegal reentry.
  • Russell v. Rivera, 24-50596, appeal from W.D. Tex.
    • per curiam (Ho, Wilson, Ramirez), sec. 1983
    • Affirming dismissal of sec. 1983 claims against individual, but vacating sua sponte dismissal of claims against agency, and remanding for further proceedings.
  • U.S. v. Villatoro, 24-50636, appeal from W.D. Tex.
    • per curiam (King, Southwick, Engelhardt), criminal, sentencing
    • Affirming sentence on conviction of illegal reentry.
  • Gramajo-Reyes v. Garland, 24-60253, petition for review of BIA order
    • per curiam (Jolly, Graves, Oldham), immigration
    • Denying in part and dismissing in part Guatemalan citizen’s petition for review of BIA order denying his motions for reopening and reconsideration.