Designated for publication U.S. v. The M/Y Galactica Star, 20-20471, appeal from S.D. Tex. Davis, J. (Davis, Duncan, Oldham), civil forfeiture, Foreign Sovereign Immunities Act Affirming dismissal of claim to forfeited yacht by sole shareholder of corporate owner of yacht and other assets, for lack of standing; and dismissing appeal of judgment creditor of Nigeria … More September 13, 2021 opinions
Designated for publication Barilla v. City of Houston, 20-20535, appeal from S.D. Tex. Higginson, J. (Owen, Clement, Higginson), First Amendment, standing Reversing district court’s dismissal on grounds of lack of standing of First Amendment suit by plaintiff, an accordionist and would-be busker, challenging Houston ordinances that restrict busking. Plaintiff alleges “that but for the Busking … More September 10, 2021 opinions
Designated for publication U.S. v. McClaren, 17-30524, appeal from E.D. La. Stewart, J. (Stewart, Higginson, Wilson), criminal, severance, Batson challenge, sufficiency of evidence, sentencing, First Step Act Granting government’s petition for panel rehearing of May 18, 2021 opinion; withdrawing previous panel opinion and substituting new one; denying defendants’ petition for panel rehearing and for rehearing … More September 7-9, 2021 opinions
Designated for publication Rutila v. U.S. DOTD, 20-10730, appeal from N.D. Tex. Smith, J. (Owen, Smith, Graves), Freedom of Information Act Reversing district court’s jurisdictional dismissal of pro se FOIA suit against the FAA and DOTD, and remanding for further proceedings. “The district court reasoned that, because Rutila ‘broadly challenged Defendants’ adequacy of search without … More September 1-6, 2021 opinions
Designated for publication HTC Corp. v. Telefonaktiebolaget LM Ericsson, 19-40566 c/w 19-40643, appeal from E.D. Tex. Elrod, J. (Jones, Elrod, Higginson), Higginson, J., concurring; breach of contract [Take the Fifth is dealing with Hurricane Ida response issues right now, so will lean heavily on the judges’ introductory paragraphs to get you the gist of these … More August 31, 2021 opinions
Designated for publication U.S. v. Martinez, 20-11016, appeal from N.D. Tex. Costa, J. (Elrod, Southwick, Costa), criminal, sentencing Vacating sentence on conviction for drug conspiracy, and remanding for resentencing under new calculation of amount of money involved. Defendant owned a tobacco shop, and various drugs and drug paraphernalia were found in the back of his … More August 27, 2021 opinions
Designated for publication Ward v. U.S., 20-10836, appeal from N.D. Tex. Southwick, J. (Jones, Southwick, Engelhardt), criminal, compassionate release Affirming district court’s denial of motion for compassionate release. The Court held that the district court may use the sentencing factors set forth in 18 U.S.C. § 3553(a) to reject compassionate release when the Government fails … More August 26, 2021 opinions
Designated for publication Jennings v. Towers Watson, 19-11028, appeal from N.D. Tex. Higginson, J. (King, Higginson, Wilson), Title VII, employment discrimination, Americans with Disabilities Act Affirming summary judgment in favor of former-employer defendant on plaintiff’s claims for state-law civil conspiracy, hostile work environment under Title VII and the ADA, disability discrimination under the ADA, racial … More August 25, 2021 opinions
Designated for publication U.S. v. Sims, 19-20833, appeal from S.D. Tex. Davis, J. (Davis, Haynes, Oldham), criminal, sentencing, sufficiency of evidence Affirming conviction of defendant on sex trafficking a minor and conspiracy to sex traffic a minor, and imposition of life sentence; holding that there was sufficient evidence to support conviction, that district court did … More August 24, 2021 opinions
Designated for publication U.S. v. Moparty, 19-20797, appeal from S.D. Tex. Jones, J. (Jones, Southwick, Costa), criminal, sentencing, sufficiency of evidence, harmless error Affirming convictions and sentences of co-defendants for health care fraud, conspiracy to commit health care fraud, and money laundering. One co-defendant (Moparty) was sentenced to 108 months’ imprisonment; the other (Narang) was … More August 23, 2021 opinions
Take the Fifth 