April 25, 2025, opinions

Posted on by tadbartlett

Opinions designated for publication

  • Ricks v. Khan, 20-20303, appeal from S.D. Tex.
    • Richman, J. (King, Richman, Higginson), prisoner suit, Eighth Amendment, appointment of counsel
    • Vacating dismissal of plaintiff’s Eighth Amendment claims arising from denial of effective care for chronic hepatitis C virus, vacating denial of motion for appointment of counsel, and remanding for appointment of counsel and leave to amend complaint.
    • The Court held, “Generally, district courts should not dismiss pro se complaints pursuant to Rule 12(b)(6) without first providing the plaintiff an opportunity to amend, unless it is obvious from the record that the plaintiff has pled his best case; when it is not apparent that the plaintiff has pled his best case, remand is appropriate. Dismissing an action after giving the plaintiff only one opportunity to state his case is ordinarily unjustified.” (Internal quotation marks, citations, and footnote omitted).
    • The Court also held that the district court failed to apply the Ulmer factors in denying appointment of counsel.
  • U.S. v. Age, 22-30656, appeal from E.D. La.
    • Higginbotham, J. (Higginbotham, Stewart, Haynes), criminal, sufficiency of evidence, 404(b) evidence, Fourth Amendment, Confrontation Clause, attorney-client privilege, jury instructions, jury selection
    • Affirming defendants’ convictions and life sentences for “their involvement in the murder-for-hire of Milton Womack, a federal witness in a healthcare fraud case.”
  • Rose v. Nissan North America, Inc., 24-60447, appeal from S.D. Miss.
    • Wilson, J. (Higginson, Ho, Wilson), personal tort
    • Affirming grant of summary judgment to premises owner for immunity from liability for death to employee of independent contractor.

Unpublished opinions

  • U.S. v. York, 24-10178, appeal from N.D. Tex.
    • per curiam (Davis, Smith, Higginson), criminal
    • Affirming conviction of possession of a firearm by a felon.
  • U.S. v. Navarrete, 24-10583, appeal from N.D. Tex.
    • per curiam (Wiener, Higginson, Ho), criminal, sentencing
    • Affirming 240-month sentence on conviction of conspiracy to distribute a controlled substance and to distribution of a controlled substance to a person under 21 years of age.
  • U.S. v. Montanez, 24-10628, appeal from N.D. Tex.
    • per curiam (Wiener, Higginson, Ho), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Tatum v. U.S., 24-30555, appeal from E.D. La.
    • per curiam (Stewart, Haynes, Higginson), social security
    • Dismissing as frivolous appeal from dismissal of suit against SBA and other federal defendants arising from reduction of Social Security benefits to offset amounts owed to SBA.
  • U.S. v. Miguel-Limon, 24-40408, appeal from S.D. Tex.
    • per curiam (Haynes, Higginson, Douglas), criminal, sentencing
    • Dismissing appeal of 24-month sentence on revocation of supervised release upon Government’s stipulation that revocation was not based on violation of third condition of supervised release.
  • U.S. v. Garcia, 24-50257, appeal from W.D. Tex.
    • per curiam (Higginson, Ho, Wilson), criminal, sentencing
    • Affirming 108-month sentence on conviction of importation of illegal drugs.