February 10, 2025, opinions

Posted on by tadbartlett

Designated for publication

  • Parr v. Cougle, 24-30523, appeal from E.D. La.
    • Wilson, J. (Elrod, Oldham, Wilson), First Amendment, standing
    • Vacating district court’s order denying legislative privilege to defendant Parish councilmembers whose Resolution to terminate library board members for erecting Pride Month displays at libraries had been challenged by three of those members as viewpoint discrimination, holding that the plaintiffs did not have standing to bring their claims, and remanding to the district court with instructions to dismiss.
    • The Court held, “Plaintiffs’ alleged injuries are insufficient to establish standing because (A) their speech-related injuries are not particularized and (B) their reputational injuries are neither fairly traceable to Defendants’ conduct nor redressable by a favorable decision.”
  • Virden v. City of Austin, 23-50697, appeal from W.D. Tex.
    • Ho, J. (Jones, Smith, Ho), First Amendment
    • Affirming district court’s judgment “that Austin’s ban on fundraising outside the one-year period is unconstitutional,” and that the plaintiff politician and one of her donors are entitled to nominal damages for the violation of their First Amendment rights.

Unpublished

  • U.S. v. Risby, 23-11226, c/w 24-10101, appeal from N.D. Tex.
    • per curiam (Graves, Willett, Wilson), criminal, guilty plea
    • Affirming conviction of retaliating against a federal officer or employee by false claim, upholding denial of motion to withdraw guilty plea.
  • Miller v. Barrett, 24-10396, appeal from N.D. Tex.
    • per curiam (Smith, Graves, Engelhardt), prisoner suit
    • Dismissing as frivolous appeal from dismissal of § 1983 claim.
  • U.S. v. Delagarza, 24-10528, appeal from N.D. Tex.
    • per curiam (Haynes, Higginson, Douglas), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Silva, 24-10682, appeal from N.D. Tex.
    • per curiam (Smith, Stewart, Duncan), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Ozigi, 23-20447, appeal from S.D. Tex.
    • per curiam (Barksdale, Haynes, Wilson), criminal, sentencing
    • Affirming 168-month sentence and conviction of conspiracy to commit healthcare fraud and of aiding and abetting healthcare fraud.
  • U.S. v. Wilson, 24-30217, appeal from W.D. La.
    • per curiam (Wiener, Ho, Ramirez), habeas corpus
    • Affirming denial of § 2255 petition challenging constitutionality of statute criminalizing possession of a firearm by a felon.
  • U.S. v. Greer, 24-30558, appeal from W.D. La.
    • per curiam (Smith, Stewart, Duncan), criminal
    • Affirming conviction of possession of a firearm by a felon.
  • U.S. v. Gabriel, 23-30718, appeal from E.D. La.
    • per curiam (Graves, Willett, Wilson), criminal, sentencing
    • Affirming conviction of possession of a firearm by a felon, vacating sentence for limited purpose of conforming written judgment with oral pronouncement.
  • U.S. v. Vargas, 24-40266, appeal from E.D. Tex.
    • per curiam (King, Southwick, Engelhardt), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Chavez v. Brownsville Independent School District, 23-40640, appeal from S.D. Tex.
    • per curiam (Ho, Duncan, Oldham), § 1983, Americans with Disabilities Act
    • Affirming summary judgment dismissal of § 1983 and ADA claims on behalf of plaintiff’s disabled son.
  • U.S. v. Rivas, 24-50209, appeal from W.D. Tex.
    • per curiam (Smith, Stewart, Duncan), criminal, sentencing
    • Affirming conviction and 120-month sentence for possession of a firearm by a felon.
  • U.S. v. Palacios-De Paz, 24-50212, appeal from W.D. Tex.
    • per curiam (Wiener, Ho, Ramirez), criminal, sentencing
    • Affirming 30-month sentence on conviction of illegal reentry.
  • Tipton v. Rayford, 24-50214, appeal from W.D. Tex.
    • per curiam (Jones, Duncan, Douglas), prisoner suit
    • Dismissing as frivolous appeal from dismissal of Texas state prisoner’s § 1983 claim.
  • Dietrich v. United Parcel Service, Inc., 24-50316, appeal from W.D. Tex.
    • per curiam (Elrod, Jones, Stewart), employment discrimination
    • Affirming summary judgment dismissal of employment discrimination claims.
  • Ellis-Erkkila v. Manske, 24-50329, appeal from W.D. Tex.
    • per curiam (Graves, Willett, Wilson), prisoner suit
    • Affirming dismissal as frivolous prisoner’s § 1983 claims against magistrate judge and others.
  • Abashidze v. Bondi, 24-60331, petition for review of BIA order
    • per curiam (Barksdale, Stewart, Ramirez), immigration
    • Denying Russian citizen’s petition for review of BIA order dismissing his appeal of the immigration judge’s (IJ’s) denial of asylum, withholding of removal, and protection under the Convention Against Torture.
  • Singh v. Bondi, 24-60328, petition for review of BIA order
    • per curiam (Jolly, Jones, Willett), immigration
    • Denying Indian citizen’s petition for review of Indian citizen’s petition for review of BIA order dismissing his appeal of the immigration judge’s (IJ’s) denial of asylum, withholding of removal, and protection under the Convention Against Torture.