February 24, 2025, opinions

Unpublished

  • U.S. v. Alegria, 24-10552, appeal from N.D. Tex.
    • per curiam (Elrod, Haynes, Duncan), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Glick v. American Bar Association, 24-10669, appeal from N.D. Tex.
    • 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, arising from Texas’s requirement that, to be a lawyer, he attend an ABA-accredited law school.
  • U.S. v. Barrett, 24-10759, appeal from N.D. Tex.
    • per curiam (Graves, Willett, Wilson), criminal, compassionate release
    • Dismissing as frivolous appeal from denial of motion for compassionate release.
  • Clemons v. Lumpkin, 24-20032, appeal from S.D. Tex.
    • per curiam (King, Ho, Ramirez), prisoner suit, First Amendment
    • Affirming dismissal of Texas state prisoner’s challenge to Texas Board of Criminal Justice Policy prohibiting possession of sexually explicit images while incarcerated.
  • McMahon v. Campbell, 24-30179, appeal from W.D. La.
    • per curiam (King, Ho, Ramirez), habeas corpus, First Amendment
    • Affirming denial of habeas relief that challenged constitutionality of Louisiana statute prohibiting certain registered sex offenders from using social networking websites.
  • U.S. v. Daniel, 24-30345, appeal from W.D. La.
    • per curiam (Barksdale, Stewart, Ramirez), criminal, sentencing
    • Affirming 60-month sentence on conviction of making a threatening communication.
  • Ogbegor v. Hardy, 24-30403, appeal from W.D. La.
    • per curiam (King, Ho, Ramirez), § 1983
    • Vacating sua sponte dismissal of plaintiff’s § 1983 claims as time-barred, and remanding for further proceedings.
  • U.S. v. Garza, 23-40466, appeal from S.D. Tex.
    • per curiam (King, Ho, Ramirez), criminal, sentencing
    • Affirming district court’s decision not to apply a career offender enhancement.
  • U.S. v. Valle, 24-40475, appeal from E.D. Tex.
    • per curiam (Elrod, Haynes, Duncan), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Jones, 24-50204, appeal from W.D. Tex.
    • per curiam (Smith, Stewart, Duncan), criminal
    • Affirming conviction of possession of a firearm by a felon.
  • U.S. v. Aguirre-Andrade, 24-50291, appeal from W.D. Tex.
    • per curiam (Elrod, Haynes, Duncan), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Tellez, 24-50556, appeal from W.D. Tex.
    • per curiam (Graves, Willett, Wilson), criminal, compassionate release
    • Affirming denial of motion for compassionate release.
  • Tipton v. Guerrero, 23-50570, appeal from W.D. Tex.
    • per curiam (Smith, Clement, Duncan), prisoner suit
    • Affirming dismissal of Texas state prisoner’s § 1983 and RLUIPA claims.
  • U.S. v. Hermosillo-Lujan, 24-50693, appeal from W.D. Tex.
    • per curiam (King, Southwick, Engelhardt), criminal, sentencing
    • Affirming conviction and sentence for illegal reentry.
  • U.S. v. Brown, 24-60079, appeal from S.D. Miss.
    • per curiam (Graves, Willett, Wilson), criminal, sentencing
    • Dismissing appeal of 188-month sentence on guilty plea conviction of possession with intent to distribute a mixture or substance containing a detectable amount of heroin, on basis of appeal waiver in plea agreement.
  • Morales v. Ladner, 24-60323, appeal from S.D. Miss.
    • per curiam (Smith, Clement, Duncan), qualified immunity
    • Dismissing for lack of appellate jurisdiction judgment denying dismissal of Fourth and Fourteenth Amendment claims on qualified immunity grounds.