May 7, 2025, opinions

May 8, 2025

Unpublished opinions per curiam (King, Southwick, Engelhardt), criminal, sentencing Affirming 20-month sentence on revocation of supervised release. per curiam (King, Southwick, Engelhardt), criminal, sentencing Affirming conviction and 52-month sentence for conspiracy to possess heroin with intent to distribute, possession of a firearm in furtherance of a drug-trafficking crime, maintaining a drug-involved premises, possession of methamphetamine … More May 7, 2025, opinions

May 6, 2025, opinions

May 7, 2025

Designated for publication Ramirez, J. (Richman, Graves, Ramirez), Richman, J., dissenting; labor law, appellate jurisdiction The Court dismissed Amazon’s appeal of what it argued was a constructive denial of its motion for temporary restraining order or preliminary injunction of the NLRB’s Bargaining Case proceeding, for lack of appellate jurisdiction on the basis that there was … More May 6, 2025, opinions

May 5, 2025, opinions

May 6, 2025

Designated for publication Douglas, J. (Smith, Higginson, Douglas), settlement agreement, jurisdiction In appeal from district court’s ruling on severed motions to enforce settlement agreements by parties in dispute arising from partnership agreement, remanding to district court to determine parties’ citizenship for purposes of diversity jurisdiction. The Court rejected party citizenship allegations supported merely “on information … More May 5, 2025, opinions

May 2, 2025, opinions

May 5, 2025

Designated for publication 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 … More May 2, 2025, opinions

May 1, 2025, opinions

May 2, 2025

Unpublished opinions Richman, J. (King, Richman, Higginson), insurance Affirming summary judgment in favor of insurer on its declaratory judgment claim regarding exclusion from coverage. per curiam (Smith, Graves, Duncan), Title VII, employment discrimination Affirming summary judgment in favor of university employer on race discrimination claims. per curiam (Davis, Smith, Higginson), insurance Affirming summary judgment in … More May 1, 2025, opinions

April 30, 2025, opinions

May 1, 2025

Unpublished opinions per curiam (Stewart, Clement, Willett), criminal, sentence reduction Vacating denial of motion for sentence reduction, and remanding for reconsideration. per curiam (Smith, Graves, Duncan), breach of contract, trade secrets Affirming summary judgment and evidentiary rulings in favor of defendant in breach of contract and trade-secret-misappropriation claims. per curiam (Smith, Stewart, Duncan), criminal Affirming … More April 30, 2025, opinions

April 29, 2025, opinions

April 30, 2025

Opinions designated for publication Higginbotham, J. (Elrod, Higginbotham, Southwick), criminal, sentence reduction Affirming denial of motion for sentence reduction. Higginson, J. (Smith, Higginson, Douglas), criminal, sentencing, sufficiency of evidence Affirming convictions and sentences for conspiracy to import and importation of methamphetamine. Unpublished opinions per curiam (Stewart, Clement, Willett), criminal, sentencing Affirming sentence on conviction of … More April 29, 2025, opinions

April 28, 2025, opinions

April 29, 2025

Opinions designated for publication Clement, J. (Stewart, Clement, Willett), arbitration Affirming district court’s order granting defendant’s motion to confirm arbitration award and denying plaintiff’s motion to vacate arbitration award, regarding payment of “stand-by costs” under contract for construction of natural gas pipeline. Unpublished opinions per curiam (Graves, Willett, Wilson), prisoner suit Affirming dismissal as frivolous … More April 28, 2025, opinions

April 25, 2025, opinions

April 26, 2025

Opinions designated for publication Richman, J. (King, Richman, Higginson), prisoner suit, Eighth Amendment, appointment of counsel Vacating dismissal of plaintiff’s Eighth Amendment claims arising from denial of effective care for chronic hepatitis C virus, vacating denial of motion for appointment of counsel, and remanding for appointment of counsel and leave to amend complaint. The Court … More April 25, 2025, opinions