Designated for publication
- Elebute v. Village Capital & Investment, L.L.C., 24-20185, appeal from S.D. Tex.
- Ho, J. (Higginbotham, Willett, Ho), bankruptcy
- Dismissing for lack of jurisdiction appeal from order reopening bankruptcy proceedings; and affirming dismissal of debtor’s claim to challenge foreclosure sale.
- U.S. v. Garza, 23-20513, appeal from S.D. Tex.
- Ho, J. (Ho, Duncan, Oldham), criminal, sentencing
- Affirming sentence based on calculation of criminal history points that included additional convictions and sentences entered against the defendant while his original appeal had been pending.
- Great Lakes Dredge & Dock Co. v. Magnus, 23-20516, appeal from S.D. Tex.
- Duncan, J. (Willett, Ho, Duncan), Jones Act
- Affirming dismissal of challenge to Customs and Border Patrol letter finding that the transport of scour protection material from U.S. points to OCS-based wind-farms required Jones Act-qualified vessels but that transport of such material from foreign points was not subject to the Jones Act and could be undertaken by foreign-flag vessels.
Unpublished
- U.S. v. Diaz, 24-10417, appeal from N.D. Tex.
- per curiam (Stewart, Haynes, Higginson), criminal, sentence reduction
- Dismissing as frivolous appeal from denial of motion for sentence reduction.
- U.S. v. Scott, 24-10654, appeal from N.D. Tex.
- per curiam (Elrod, Haynes, Duncan), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- Phillips v. Geico Insurance Co., 24-10783, appeal from N.D. Tex.
- per curiam (Stewart, Ho, Wilson), insurance, venue
- Dismissing as frivolous appeal from dismissal of RICO case against insurer, for improper venue.
- Biggers v. Massingill, 23-11023, appeal from N.D. Tex.
- per curiam (Ho, Duncan, Oldham), qualified immunity
- Reversing dismissal of plaintiff’s First Amendment suit on qualified immunity grounds.
- U.S. v. Green, 24-30124, appeal from W.D. La.
- per curiam (Higginbotham, Jones, Oldham), criminal, sentence reduction
- Affirming denial of motion for sentence reduction.
- Melancon v. Walsh, 24-30232, appeal from E.D. La.
- per curiam (Engelhardt, Oldham, Wilson), § 1983
- Affirming dismissal of claims arising from arrest for residential contractor fraud, finding the arrest was supported by probable cause.
- U.S. v. Kirk, 24-30407, appeal from M.D. La.
- per curiam (Smith, Stewart, Duncan), criminal
- Granting Anders motion to withdraw, and dismissing appeal.
- U.S. v. Garza, 24-40425, appeal from S.D. Tex.
- per curiam (Elrod, Haynes, Duncan), criminal, compassionate release
- Affirming denial of motion for compassionate release.
- U.S. v. Brooks, 24-50136, appeal from W.D. Tex.
- per curiam (King, Southwick, Engelhardt), criminal
- Affirming revocation of supervised release.
- Money v. City of San Marcos, 24-50187, appeal from W.D. Tex.
- Engelhardt, J. (Dennis, Southwick, Engelhardt), takings
- Reversing dismissal of takings claim based on city historic commission’s denial of application to remove initial from facade of home of a previous owner who was “notoriously associated with the Ku Klux Klan.”
- U.S. v. Rendon, 24-50207, appeal from W.D. Tex.
- per curiam (King, Southwick, Engelhardt), criminal, sentencing
- Dismissing appeal from sentencing judgment for guilty-plea conviction of importation of 500 grams or more of methamphetamine, on basis of appeal-waiver in plea agreement.
- U.S. v. Chapman, 24-60369, appeal from S.D. Miss.
- per curiam (Higginbotham, Jones, Oldham), criminal, sentence reduction
- Affirming denial of motion for sentence reduction.
- Texas Bankers Association v. Consumer Financial Protection Bureau, 24-40705, appeal from S.D. Tex.
- per curiam (Smith, Stewart, Duncan), administrative law
- Granting stay of appeal of challenge to disclosure rule regarding LGBT-status owners of loan-applicant businesses, while new CFPB acting director reviews agency positions.
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