We report after each month on interesting statistics from the data we generate from the daily opinion summaries from the U.S. Court of Appeals for the Fifth Circuit, and at the end of a year we will aggregate that–all of which provides useful insights into the inner workings of the Court, the relative success of … More Take the Fifth: November statistics
Unpublished U.S. v. Martinez-Tapia, 18-40649, appeal from S.D. Tex. per curiam (Smith, Stewart, Higginson), criminal Granting Anders motion to withdraw, and dismissing appeal. Pierre v. Local Rule Policy Maker for the First Circuit Court of Appeal, 19-30738, appeal from M.D. La. per curiam (Stewart, Graves, Higginson), prisoner suit Denying IFP status, dismissing appeal as frivolous, … More Take the Fifth: December 10, 2020 opinions
Unpublished U.S. v. Castaneda, 19-10687, appeal from N.D. Tex. per curiam (Clement, Higginson, Engelhardt), criminal, sentencing Affirming within-Guidelines sentence of 180 months for conviction of possession with intent to distribute more than 50 grams of methamphetamine. U.S. v. Love, 19-11331, appeal from N.D. Tex. per curiam (Jones, Barksdale, Stewart), criminal, sentencing Affirming conviction and sentence … More Take the Fifth: Dec. 9 opinions
Designated for publication U.S. v. Lipscomb, 18-11168, appeal from N.D. Tex. Clement, J. (Clement, Ho, Duncan), habeas corpus, Armed Career Criminal Act Vacating district court’s grant of § 2255 petition and remanding to reinstate original sentence. Petitioner had been convicted as a felon in possession of a firearm after being apprehended with a sawed-off shotgun … More Take the Fifth: Dec. 7 and 8, 2020 opinions
Designated for publication Jones v. New Orleans Regional Physician Hospital Organization, Inc., 19-31027, appeal from E.D. La. Jones, J. (Higginbotham, Jones, Higginson), Fair Labor Standards Act Affirming summary judgment in favor of defendant employer, dismissing white-collar employees’ claims for violation of the FLSA. The Court rejected plaintiffs’ argument that their job duties did not fall … More Take the Fifth: Dec. 4, 2020 opinions
Designated for pulication Future Proof Brands, LLC v. Molson Coors Beverage Co., 20-50323, appeal from W.D. Tex. Smith, J. (Higginbotham, Smith, Dennis), trademark infringement, intellectual property, preliminary injunction Affirming district court’s denial of preliminary injunction sought by plaintiff, who sued defendant for trademark infringement of plaintiff’s “brizzy” brand of hard seltzer product by defendant’s “vizzy” … More Take the Fifth: Dec. 3, 2020 opinions
Designated for publication U.S. v. Cano, 19-11297, appeal from N.D. Tex. Higginbotham, J. (Higginbotham, Smith, Dennis), criminal, sentencing, supervised release Affirming sentence of consecutive 24-month imprisonment terms for violating terms of supervised release. Defendant had left the jurisdiction during his supervised release without informing his probation officer, to return to Mexico and assist his ex-wife … More Take the Fifth: Dec. 2, 2020 opinions
Designated for publication Thomas v. Lumpkin, 17-20661, appeal from S.D. Tex. Jones, J., order denying en banc rehearing, joined by Owen, Jones, Smith, Southwick, Haynes, Costa, Ho, Duncan, Engelhardt, Oldham, Wilson, JJ.; Graves, J., dissenting from denial of rehearing, joines by Elrod, J. (Stewart, Dennis, Elrod, Graves, Higginson, Willett, voting to rehear); habeas corpus, ineffective … More Take the Fifth: Dec. 1, 2020 opinions
Designated for publication McRaney v. The North American Mission Board of the Southern Baptist Convention, Inc., 19-60293, appeal from N.D. Miss. Denying en banc rehearing (Higginson, J., entering order for the panel, joined by Owen, Stewart, Dennis, Southwick, Haynes, Graves, Higginson, Costa, Engelhardt, JJ.); Ho, J., dissenting from denial of rehearing, joined by Jones, Smith, … More Take the Fifth: Nov. 30, 2020 opinions
Unpublished Leyva v. Barr, 17-60686, petition for review of BIA order per curiam (Owen, Jones, Stewart), immigration Affirming decision of BIA dismissing appeal of IJ decision ordering removal and denying motion to reopen. Scott v. Texas Department of Criminal Justice, 19-40923, appeal from E.D. Tex. per curiam (Higginbotham, Jones, Costa), prisoner suit, frivolous Affirming dismissal … More Take the Fifth: Nov. 25, 2020 opinions
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