May 2, 2025, opinions

Posted on by tadbartlett

Designated for publication

  • U.S. v. Sanchez-Zarita, 24-60602, appeal from S.D. Miss.
    • per curiam (Higginbotham, Jones, Oldham), criminal, sentencing
    • Denying motion to vacate sentence on conviction for illegal reentry.
    • Luis Sanchez-Zurita was sentenced to 240 months for illegal reentry, with an upward variance based on his serious criminal history, including child molestation, failure to register as a sex offender, DUI with a child, and drug abuse.
    • The Government sought to vacate the sentence, citing pre-sentencing emails that could be interpreted as implying support for a Guidelines sentence, though it claimed no intent to be bound.
    • The Fifth Circuit denied the motion, finding no plea agreement or enforceable promise, and no legal basis for resentencing.
  • Anthology, Inc. v. Tarrant County College District, 24-10630, appeal from N.D. Tex.
    • Oldham, J. (King, Jones, Oldham), breach of contract, sovereign immunity
    • The Court held that the district court wrongly dismissed Anthology’s breach of contract suit against Tarrant County College District (TCCD) by treating Texas state-law immunity as a jurisdictional bar, which federal law does not permit.
    • Only federal constitutional or congressional authority—not state law—can define or limit the jurisdiction of federal courts.
    • The Fifth Circuit vacated the dismissal and remanded the case to first consider the jurisdictional defenses that actually matter: state sovereign immunity and lack of diversity jurisdiction.

Unpublished opinions

  • U.S. v. Lewis, 24-11066, appeal from N.D. Tex.
    • per curiam (Davis, Smith, Higginson), criminal, sentencing
    • Affirming 6-month sentence on revocation of supervised release.
  • U.S. v. Rosario, 24-20319, appeal from S.D. Tex.
    • per curiam (Elrod, Haynes, Duncan), criminal, sentencing
    • Affirming 24-month sentence on revocation of supervised release.
  • U.S. v. Soto, 24-20378, affirming S.D. Tex.
    • per curiam (King, Southwick, Engelhardt), criminal
    • Affirming conviction for dealing firearms without a license.
  • U.S. v. Almaguer-Bocanegra, 24-20402, appeal from S.D. Tex.
    • per curiam (Haynes, Higginson, Douglas), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • Adger v. TA Operating, L.L.C., 24-30530, appeal from W.D. La.
    • per curiam (Stewart, Clement, Willett), personal tort
    • Affirming summary judgment for defendant in slip-and-fall case.
  • U.S. v. Thompson, 24-30899, appeal from E.D. La.
    • per curiam (Wiener, Ho, Ramirez), criminal
    • Affirming conviction of possession of a firearm by a felon.
  • U.S. v. Salas-Galaviz, 24-40665, appeal from S.D. Tex.
    • per curiam (Ho, Wilson, Ramirez), criminal, compassionate release
    • Dismissing as frivolous appeal from denial of motion for compassionate release.
  • U.S. v. Zubia-Melendez, 24-50432, appeal from W.D. Tex.
    • per curiam (Wiener, Ho, Ramirez), criminal
    • Affirming convictions of aiding and abetting the transportation of illegal aliens for financial gain and revoking supervised release for prior conviction.
  • Moore-Watson v. Rankin County Public School District, 22-60067, appeal from S.D. Miss.
    • Richman, J. (Stewart, Richman, Haynes), Individuals with Disabilities Education Act
    • Affirming district court’s finding that the school district failed to fulfill its Child Find obligations and did not provide M.W. with a FAPE, rejection of award of tuition reimbursement, and finding that plaintiff was a prevailing party and therefore entitled to attorneys’ fees.
  • U.S. v. Bennett, 24-60491, appeal from N.D. Miss.
    • per curiam (Smith, Stewart, Duncan), criminal, sentencing
    • Affirming 120-month sentence on conviction of distribution of methamphetamine.