March 5-6, 2025, opinions

Posted on by tadbartlett

Designated for publication

  • Mitchell v. Dudek, 24-30342, appeal from E.D. La.
    • per curiam (Smith, Clement, Duncan), social security
    • Affirming award of disability benefits, rejecting argument that plaintiff was entitled to benefits from an earlier date.
  • Space Exploration Technologies, Corp. v. NLRB, 24-40315, appeal from S.D. Tex.
    • Ramirez, J. (Richman, Graves, Ramirez), labor law, jurisdiction
    • Dismissing for lack of subject-matter jurisdiction appeal of “effective denial” of company’s challenge and motion for injunctive relief from allegedly unconstitutional administrative proceeding before the NLRB.
    • The Court held that the district court’s failure to rule on the company’s motion for preliminary injunction before the date of an administrative hearing in the proceedings that the company sought to enjoin did not constitute an “effective denial” of injunctive relief that could create appellate jurisdiction.
  • U.S. v. Cisneros, 23-40625, appeal from S.D. Tex.
    • per curiam (Graves, Higginson, Wilson), criminal, sentencing, Second Amendment
    • Affirming conviction for possession of ammunition by a felon, but vacating 96-month sentence and remanding for resentencing.
    • The Court held that the statute criminalizing possession of ammunition by a felon did not run afoul of the Second Amendment or the Commerce Clause.
    • The Court held that the application of a sentencing enhancement for possessing ammunition in connection with a drug trafficking crime was plainly erroneous because “[a]mmunition that is merely stored in close proximity to drugs or drug paraphernalia, even if easily accessible, does not sufficiently facilitate a drug trafficking offense for purposes of § 2K2.1(b)(6)(B).”

Unpublished

  • U.S. v. Franco, 24-10670, appeal from N.D. Tex.
    • per curiam (Smith, Stewart, Duncan), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Ynojosa, 24-10852, appeal from N.D. Tex.
    • per curiam (King, Southwick, Graves), criminal, sentencing
    • Affirming revocation of supervised release and 24-month sentence.
  • U.S. v. Scott, 24-20321, appeal from S.D. Tex.
    • per curiam (Wiener, Ho, Ramirez), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Lightfoot v. Gilley, 24-30046, appeal from W.D. La.
    • per curiam (King, Southwick, Engelhardt), prisoner suit
    • Affirming dismissal of former Louisiana state prisoner’s claims.
  • U.S. v. Moore, 24-30053, appeal from W.D. La.
    • per curiam (Elrod, Jones, Stewart), criminal
    • Affirming conviction of possession of a firearm by a felon.
  • Jones v. AT&T, Inc., 24-30187, appeal from E.D. La.
    • per curiam (Haynes, Duncan, Wilson), ERISA
    • Affirming district court judgment that AT&T does not owe discretionary penalties under ERISA for allegedly failing to produce required plan documents.
  • Wimsatt v. Jaber, 24-30366, appeal from E.D. La.
    • per curiam (Wiener, Stewart, Southwick), fraud, breach of fiduciary duty
    • Affirming summary judgment dismissal of claims between former business partners in short-term-rental property business venture.
  • U.S. v. Russell, 24-40430, appeal from E.D. Tex.
    • per curiam (Barksdale, Haynes, Wilson), criminal, sentence reduction
    • Affirming denial of motion for sentence reduction.
  • Stamps v. University of Texas System, 24-50405, appeal from W.D. Tex.
    • per curiam (King, Southwick, Engelhardt), employment discrimination
    • Affirming dismissal of plaintiff’s claim against former employer based on prior valid settlement agreement.
  • Gupta v. Bondi, 24-60127, petition for review of BIA order
    • per curiam (Richman, Willett, Douglas), immigration
    • Affirming BIA’s affirmance of Indian petitioner’s removability, denial of request for adjustment of status, and denial of request for voluntary departure.
  • U.S. v. Weaver, 24-60252, appeal from N.D. Miss.
    • per curiam (Higginbotham, Willett, Ho), Ho, J., concurring in judgment only, without opinion; criminal
    • Affirming conviction of forcibly assaulting, intimidating, and interfering with a United States Postal Service mail carrier’s performance of his official duties with a deadly and dangerous weapon.
  • U.S. v. Nelson, 24-60275, appeal from S.D. Miss.
    • per curiam (Wiener, Ho, Ramirez), criminal, compassionate release
    • Affirming denial of motion for compassionate release.
  • Abdulai v. Bondi, 24-60297, petition for review of BIA order
    • per curiam (Elrod, Haynes, Duncan), immigration
    • Denying Ghanaian citizen’s petition for review of BIA’s denying his motion for reconsideration and reopening.
  • Sarmiento-Licona v. Bondi, 24-60358, petition for review of BIA order
    • per curiam (Barksdale, Stewart, Ramirez), immigration
    • Denying Honduran citizen’s petition for review of BIA’s dismissing her appeal from the immigration judge’s (IJ’s) denial of asylum, withholding of removal, and protection under the Convention Against Torture.
  • Cortez v. Bondi, 24-60366, petition for review of BIA order
    • per curiam (King, Southwick, Engelhardt), immigration
    • Denying in part and dismissing in part Salvadoran citizen’s petition for review of BIA dismissal of his appeal from an order of the immigration judge (IJ) denying his application for cancellation of removal under 8 U.S.C. § 1229b(b)(1).