Month: February 2025

February 27, 2025, opinions

February 28, 2025

Unpublished per curiam (Graves, Willett, Wilson), criminal Affirming conviction of possession of a firearm by a felon. Richman, J. (Stewart, Richman, Haynes), criminal, sufficiency of evidence Affirming conviction of making a false statement to a bank. per curiam (Smith, Clement, Duncan), employment Affirming summary judgment against plaintiff, upholding ruling that restrictive covenants in Employee Service … More February 27, 2025, opinions

February 26, 2025, opinions

February 27, 2025

Designated for publication per curiam (voting against en banc rehearing: Jones, Smith, Stewart, Richman, Southwick, Haynes, Graves, Higginson, Willett, Duncan, Engelhardt, Oldham, Wilson, Douglas, Ramirez, JJ.; voting for en banc rehearing: Elrod, Ho, JJ.); Oldham, J., concurring in denial of rehearing (joined by Jones, Smith, Willett, Duncan, Engelhardt, Wilson, JJ.); Ho, J., dissenting from denial … More February 26, 2025, opinions

February 25, 2025, opinions

February 27, 2025

Designated for publication Engelhardt, J. (Ho, Engelhardt, Douglas), Douglas, J., dissenting in part; qualified immunity Affirming district court’s denial of qualified immunity on excessive force claim, but reversing denial of qualified immunity on unreasonable search claim, and remanding for further proceedings on claims arising from shooting death of homeowner by officers who had not announced … More February 25, 2025, opinions

February 24, 2025, opinions

February 25, 2025

Unpublished per curiam (Elrod, Haynes, Duncan), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Jolly, Jones, Willett), Willett, J., concurring in judgment only; breach of contract, antitrust, recusal, diversity jurisdiction Dismissing as frivolous appeal from judgment denying motion to remand and judgment dismissing breach of contract and antitrust claims, among other claims, … More February 24, 2025, opinions

February 21, 2025, opinions

February 24, 2025

Unpublished per curiam (King, Southwick, Engelhardt), criminal, sentence reduction Affirming denial of motion for sentence reduction. per curiam (Higginbotham, Jones, Oldham), personal tort Affirming dismissal of IIED claims. per curiam (King, Southwick, Engelhardt), criminal, compassionate release Affirming denial of motion for compassionate release. per curiam (Dennis, Ho, Oldham), civil rights Affirming denial of motion to … More February 21, 2025, opinions

February 20, 2025, opinions

February 24, 2025

Unpublished per curiam (Higginbotham, Jones, Oldham), criminal Affirming conviction for sex trafficking through force, fraud, or coercion. per curiam (Wiener, Higginson, Ho), criminal, sentence reduction Affirming denial of motion for sentence reduction. per curiam (Wiener, Ho, Ramirez), criminal, sentencing Affirming conviction and sentence for illegal reentry. per curiam (Higginbotham, Jones, Oldham), criminal, sentencing Affirming 78-month … More February 20, 2025, opinions

February 19, 2025, opinions

February 24, 2025

Unpublished per curiam (Wiener, Higginson, Ho), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Jolly, Graves, Oldham), criminal, sentence reduction Affirming denial of motion for sentence reduction. per curiam (King, Southwick, Engelhardt), criminal Affirming conviction of possession of a firearm by a felon. per curiam (Higginbotham, Jones, Oldham), criminal, sentencing Affirming 275-month … More February 19, 2025, opinions

February 18, 2025, opinions

February 19, 2025

Designated for publication Duncan, J. (Dennis, Willett, Duncan), criminal, sentencing Affirming 240-month sentence on conviction of conspiracy to receive and distribute child pornography. The Court held “that (1) United States v. Halverson, 897 F.3d 645 (5th Cir. 2018), does not require a defendant to actually receive ‘valuable consideration’ in exchange for distributing child pornography under … More February 18, 2025, opinions

February 17, 2025, opinions

February 18, 2025

Unpublished per curiam (Richman, Douglas, Ramirez), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Southwick, Willett, Oldham), habeas corpus Dismissing as frivolous appeal from dismissal of § 2241 petition both as moot and for failure to exhaust administrative remedies. per curiam (Graves, Willett, Wilson), criminal, sentencing Affirming sentence on conviction of illegal … More February 17, 2025, opinions

February 14, 2025, opinions

February 17, 2025

Unpublished per curiam (Haynes, Higginson, Douglas), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Dennis, Ho, Oldham), First Amendment, Administrative Procedure Act, summary judgment Vacating summary judgment dismissal of plaintiff’s challenge to Department of Defense prepublication approval/review procedures for manuscripts authorized by employees and former employees with security clearances. Summary judgment had … More February 14, 2025, opinions