Designated for publication U.S. v. McClaren, 17-30524, appeal from E.D. La. Stewart, J. (Stewart, Higginson, Wilson), criminal, sufficiency of evidence, Batson challenge “Defendants Delwin McClaren, Dedrick Keelen, Jawan Fortia, Bryan Scott, and Lionel Allen were convicted of numerous crimes related to their participation in a New Orleans street gang. We AFFIRM their convictions in part … More Take the Fifth: May 18, 2021 opinions
Designated for publication Lillie v. Office of Financial Institutions State of Louisiana, 19-30705, appeal from M.D. La. Smith, J. (Smith, Graves, Ho), securities law Affirming denial of continuance for further discovery and grant of summary judgment to defendants (“SEI”) that were associated with Stanford International Bank, Ltd. in Robert Stanford’s Ponzi scheme, based on conclusion … More Take the Fifth: May 14-17, 2021 opinions
Unpublished Mills v. Adams County, Mississippi, 19-60829, appeal from S.D. Miss. per curiam (Wiener, Southwick, Duncan), prisoner suit Dismissing appeal for lack of jurisdiction due to untimely filed notice of appeal. U.S. v. Fernandez, 20-10479, appeal from N.D. Tex. per curiam (Graves, Willett, Duncan), criminal Granting Anders motion to withdraw, and dismissing appeal. U.S. v. … More Take the Fifth: May 13, 2021 opinions
Designated for publication Nguyen v. Garland, 19-60342, petition for review of BIA order Graves, J. (Jones, Clement, Graves), immigration Denying Vietnamese citizen’s petition for review of BIA decision that affirmed the ruling of an immigration judge who had found that Mr. Nguyen was subject to removal from the United States because he had been convicted … More Take the Fifth: May 12, 2021 opinions
Designated for publication Sanchez v. Smart Fabricators of Texas, LLC, 19-20506, appeal from S.D. Tex. Davis, J. (Owen, Davis, Jones, Smith, Stewart, Dennis, Elrod, Southwick, Haynes, Graves, Higginson, Costa, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson), Dennis, J., concurring; Jones Act, maritime law, Longshore and Harbor Worker’s Compensation Act In this en banc decision, a unanimous … More Take the Fifth: May 11, 2021 opinions
Unpublished Coleman v. Groom, 19-11227, appeal from N.D. Tex. per curiam (Higginbotham, Smith, Oldham), § 1983 Dismissing as frivolous district court’s dismissal of claims arising from mercury spill in U.S. Post Office. Thompson v. Sharad, 19-20013, appeal from S.D. Tex. per curiam (Higginbotham, Jones, Costa), prisoner suit Affirming dismissal of suit filed by prisoner arising … More Take the Fifth: May 10, 2021 opinions
Designated for publication U.S. v. Gas Pipe, Inc., 19-11145, appeal from N.D. Tex. Higginson, J. (Haynes, Higginson, Oldham), criminal, sufficiency of evidence, fraud, sentencing Affirming conviction for conspiracy to defraud the United Stated for defrauding the FDA by mislabeling or selling synthetic cannabinoids marked as “not meant for human consumption” as “spice” for smoking; and … More Take the Fifth: May 6 and 7, 2021 opinions
Designated for publication U.S. v. Smith, 20-50304, appeal from W.D. Tex. Haynes, J. (King, Smith, Haynes), Smith, J., dissenting; criminal, guilty plea, firearms violation Vacating guilty plea to being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g) based on on factual basis that defendant’s only interaction with firearm was … More Take the Fifth: May 5, 2021 opinions
Unpublished U.S. v. Lara-Benito, 19-41002, appeal from E.D. Tex. per curiam (Davis, Elrod, Oldham), criminal Granting Anders motion to withdraw, and dismissing appeal. Florence v. Lumpkin, 19-41036, appeal from S.D. Tex. per curiam (Willett, Ho, Duncan), prisoner suit Dismissing appeal of dismissal of prisoner suit, for lack of timely notice of appeal. U.S. v. Renteria-Patino, … More Take the Fifth: May 4, 2021 opinions
Designated for publication White v. U.S. Corrections, LLC, 19-51074, appeal from W.D. Tex. Wilson, J. (Elrod, Duncan, Wilson), Fair Labor Standards Act Reversing district court’s 12(b)(6) dismissal of plaintiff’s overtime claim under the FLSA, holding that, while the Motor Carrier Act (“MCA”) exemption from the FLSA governed the plaintiff’s job transporting prisoners for the defendant, … More Take the Fifth: May 3, 2021 opinions
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