June 13-15, 2022, opinions

(Still in catch-up mode here, so the opinions designated for publication will get the same brief treatment as the unpublished opinions …) Designated for publication U.S. v. Hamilton, 20-20645, appeal from S.D. Tex. Higginson, J. (Higginson, Willett, Ho), criminal, sentencing, sufficiency of evidence Affirming conviction of conspiracy to commit healthcare fraud, in violation of 18 … More June 13-15, 2022, opinions

June 1-3, 2022, opinions

(Still in catch-up mode here, so the opinions designated for publication will get the same brief treatment as the unpublished opinions …) Designated for publication Davis v. Lumpkin, 19-20873, appeal from S.D. Tex. Southwick, J. (Smith, Wiener, Southwick), prisoner suit Affirming in part dismissal of prisoner’s § 1983 action, vacating in part, and remanding. Bertrand … More June 1-3, 2022, opinions

May 13, 2022, opinions

Catching up on the blog after some non-stop over-drive briefing weeks, so both published and unpublished opinions will only contain summary disposition information and not the usual fuller descriptions. Designated for publication Owens v. Circassia Pharmaceuticals, Inc., 21-10760, appeal from N.D. Tex. Engelhardt, J. (Willett, Engelhardt, Wilson), employment discrimination Affirming summary judgment for employer in … More May 13, 2022, opinions

April 28, 2022, opinions

Designated for publication Wilson v. Stroman, 20-50367, c/w Lewis v. Stroman, 20-50372, c/w Mitchell v. Stroman, 20-50380, c/w Miller v. Stroman, 20-50408, c/w Harper v. Stroman, 20-50453, appeal from W.D. Tex. Higginson, J. (Richman, Clement, Higginson), Fourth Amendment, false arrest Reversing dismissal of Fourth Amendment false arrest claims on application of the independent intermediary doctrine, … More April 28, 2022, opinions

April 8, 2022, opinions

Designated for publication Boch-Saban v. Garland, 20-60540, petition for review of BIA order per curiam (Southwick, Haynes, Higginson), immigration Vacating BIA order dismissing as untimely a Guatemalan citizen’s appeal from an IJ’s order denying as time- and number-barred a motion to reopen and dismiss, and remanding to BIA to consider in the first instance the … More April 8, 2022, opinions

February 17, 2022, opinions

Unpublished Herndon v. U.S., 20-10688, appeal from N.D. Tex. per curiam (Smith, Stewart, Graves), Federal Tort Claims Act Affirming summary judgment dismissal of former prisoner’s medical malpractice claim under the FTCA. Guzman v. U.S. Department of Homeland Security, 20-11123, appeal from N.D. Tex. per curiam (Davis, Jones, Elrod), habeas corpus Affirming dismissal of former immigration … More February 17, 2022, opinions

February 15, 2022, opinions

Designated for publication Craig v. Martin, 19-10013, appeal from N.D. Tex. Owen, C.J. (Owen, Barksdale, Duncan), qualified immunity Reversing denial of qualified immunity summary judgment on excessive force claims and rendering judgment in favor of police officer defendant. The Court held that the video evidence showed that it was not objectively unreasonable for the officer … More February 15, 2022, opinions

January 24-25, 2022, opinions

Designated for publication U.S. v. Garrett, 17-10516, appeal from N.D. Tex. Jolly, J. (Jolly, Jones, Southwick), criminal, sentencing, Armed Career Criminal Act On remand from the U.S. Supreme Court, reinstating prior judgment reversing imposition of a lesser sentence not enhanced under the ACCA and remanding for resentencing. The panel had previously held that a prior … More January 24-25, 2022, opinions

December 6, 2021, opinions

Designated for publication Ibrahim v. Garland, 20-60936, petition for review of BIA order Smith, J. (King, Smith, Haynes), immigration Denying petition by Egyptian citizen (and lawful permanent U.S. resident) for review of BIA order to remove him to Egypt upon his conviction in Louisiana of indecent behavior with juveniles. The Court held that the government … More December 6, 2021, opinions

December 2-3, 2021, opinions

Designated for publication Gross v. Keen Group Solutions, L.L.C., 20-20594, appeal from S.D. Tex. Jones, J. (Jones, Smith, Haynes), Haynes, J., dissenting; appellate jurisdiction Dismissing appeal of district court’s denial of defendant’s Rule 60(b)(5) motion in dispute over whether arbitration award had been fully satisfied. The Court found that “[t]he district court here still has … More December 2-3, 2021, opinions