August 4, 2025, opinions

Posted on by tadbartlett

Designated for publication

  • U.S. v. Paxton, 23-50885, appeal from W.D. Tex.
    • Ho, J. (Higginbotham, Willett, Ho), election law
    • Reversing district court judgment that Texas election law requiring an ID number on the mail-in ballot application and on the mail-in ballot violated federal law, and rendering judgment for Texas official defendants.
    • The Fifth Circuit upheld Texas’s Election Protection and Integrity Act of 2021, which requires mail-in voters to include an identification number on both their application and ballot envelope that matches their voter registration records. Citing past cases and studies warning of the vulnerability of mail-in voting to fraud, the court emphasized that confirming a voter’s identity is “plainly material” to determining voter qualification under state law. It rejected the district court’s finding that such ID numbers were not relevant to eligibility, concluding instead that the ID requirement aligns with federal law—specifically the materiality provision of the Civil Rights Act of 1964—and serves Texas’s legitimate interest in preventing fraud. The court reversed the district court’s ruling, which had enjoined the ID requirements, and rendered judgment for the state.
    • The court also addressed procedural challenges, holding that the district court lacked jurisdiction over claims brought by private plaintiffs due to a pending appeal on sovereign immunity. However, it affirmed that the federal government’s claims could proceed and that the case was properly before the appellate court. Applying its two-step test for assessing materiality under federal law, the court found that Texas’s measure meaningfully advanced its interest in electoral integrity without imposing undue burdens. Even if there were questions about the effectiveness of the ID number requirement, the court held that Texas has broad discretion to decide the appropriate measures to ensure voter integrity, especially in the context of the heightened risks associated with mail-in voting.

Unpublished decisions

  • U.S. v. Erwin, 24-10935, appeal from N.D. Tex.
    • per curiam (Wiener, Willett, Ho), criminal, compassionate release
    • Affirming denial of motion for compassionate release.
  • U.S. v. Nix, 24-11086, appeal from N.D. Tex.
    • per curiam (Jones, Duncan, Douglas), criminal, guilty plea
    • Affirming guilty plea convictions of sexual exploitation of children.
  • U.S. v. Jones, 21-11185, appeal from N.D. Tex.
    • Richman, J. (Dennis, Richman, Ho), habeas corpus
    • Affirming denial of heabeas petition to challenge convictions of conspiracy to commit Hobbs Act robbery under 18 U.S.C. § 1951(a) and using and brandishing a firearm during a crime of violence, pursuant to waiver in plea agreement.
  • U.S. v. Taylor, 24-20303, appeal from S.D. Tex.
    • per curiam (Wiener, Willett, Ho), criminal, sentencing
    • Affirming concurrent 17-year sentences on convictions of receiving and possessing child pornography.
  • Hernandez v. Poveda, 24-20492, appeal from S.D. Tex.
    • per curiam (Wiener, Willett, Ho), prisoner suit, evidence
    • Affirming judgment against jail employees on plaintiff’s excessive force claims, rejecting evidentiary challenges.
  • Badon v. Berry’s Reliable Resources, L.L.C., 23-30345, appeal from E.D. La.
    • per curiam (Wiener, Willett, Ho), attorneys’ fees
    • Affirming fee award to plaintiffs on their successful claim under the FLSA and the Louisiana Wage Payment Act.
  • U.S. v. Robertson, 24-30633, appeal from W.D. La.
    • per curiam (Southwick, Oldham, Ramirez), criminal, sentencing
    • Affirming 21-month sentence on conviction of assaulting a postal worker.
  • U.S. v. Moya, 24-40263, appeal from S.D. Tex.
    • per curiam (King, Smith, Douglas), criminal, sufficiency of evidence
    • Affirming conviction of possession of a firearm by a felon.
  • Richmond v. Team One Contract Services, L.L.C., 24-40815, appeal from S.D. Tex.
    • per curiam (Wiener, Willett, Ho), employment discrimination, Title VII
    • Affirming summary judgment dismissal of plaintiff former employee’s pregnancy discrimination and Title VII claims.
  • U.S. v. Rodriguez-Salas, 25-50023, appeal from W.D. Tex.
    • per curiam (King, Haynes, Ho), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Roberts, 23-50520, appeal from W.D. Tex.
    • per curiam (Elrod, Duncan, Engelhardt), criminal
    • Affirming conviction of possession of a firearm by a felon.
  • Castaneda v. Frausto-Recio, 24-50870, appeal from W.D. Tex.
    • per curiam (Higginbotham, Jones, Oldham), sec. 1983
    • Affirming dismissal of complaint alleging multiple constitutional and statutory claims and imposition of pre-filing injunction.
  • U.S. v. Snowden, 24-50996, appeal from W.D. Tex.
    • per curiam (Jones, Duncan, Douglas), criminal
    • Granting Anders motion to withdraw, and dismissing appeal.
  • U.S. v. Canales-Caliz, 24-51002, c/w 24-51022, appeal from W.D. Tex.
    • per curiam (Higginbotham, Engelhardt, Ramirez), criminal
    • Affirming conviction of illegal reentry and revocation of supervised release.
  • U.S. v. Johnson, 24-60660, appeal from S.D. Miss.
    • per curiam (Wiener, Ho, Ramirez), criminal, sentence reduction
    • Affirming denial of motion for sentence reduction.