Take the Fifth

Designated for publication

• U.S. v. Kimble, 23-50874, appeal from W.D. Tex.
  • Smith, J. (Smith, Graves, Duncan), Graves, J., concurring in part and in judgment; criminal, Second Amendment
  • Affirming conviction of possession of a firearm by a felon, holding that “disarming drug traffickers accords with the nation’s history and tradition of firearm regulation[.]”
  • Judge Graves concurred in part and concurred in the judgment. “Based on the facts of Kimble’s case, I agree with the majority that Kimble’s conviction should be affirmed. However, I disagree with the majority’s determination that it need not conduct an individualized assessment pursuant to his as applied challenge.”

Unpublished decisions

• Strong v. Bank of America Corp., 25-10199, appeal from N.D. Tex.
  • per curiam (Jones, Dennis, Ho), sec. 1981
  • Affirming dismissal of plaintiff’s claims for discrimination, false imprisonment, and IIED.

• U.S. v. Flores, 24-50459, appeal from W.D. Tex.
  • per curiam (Higginbotham, Jones, Oldham), criminal
  • Affirming conviction of possession of a firearm by a felon.

• U.S. v. Perkins, 24-50600, appeal from W.D. Tex.
  • per curiam (Jolly, Jones, Willett), criminal, sentencing
  • Affirming 360-month sentence on conviction of distribution of child pornography and eight counts of possessing child pornography.

• Strege v. All Planets Nuclear Missiles, 25-30319, appeal from M.D. La.
  • per curiam (Jones, Dennis, Ho), jurisdiction
  • Affirming dismissal for lack of subject matter jurisdiction.