Designated for publication per curiam (Graves, Ho, Douglas) (no oral argument), Ho, J., dissenting; criminal, appeal waiver Granting motion for reconsideration of dismissal of appeal under appeal-waiver, and instead carrying the motion with the case. Defendant Jerad Barrett entered a plea agreement on drug charges in which the government agreed to supersede the original indictment … More November 9, 2026, opinions
Designated for publication Higginson, J. (Smith, Higginson, Wilson) (no oral argument), criminal, appeal waiver On remand from U.S. Supreme Court, dismissing appeal of conviction and sentence on basis of appeal waiver in plea agreement. Rashon Harris pleaded guilty to possession of methamphetamine with intent to distribute under 21 U.S.C. § 841(a) and received a 240-month … More October 29, 2026, opinions
Designated for publication Smith, J. (Smith, Clement, Higginson) (no oral argument), appeal waiver, criminal, sentencing On remand from Supreme Court, withdrawing September 18 panel opinion (also post-remand) and substituting with new opinion, dismissing appeal of sentence on enforcement of appeal-waiver in guilty plea. Devin Chaney pleaded guilty to Hobbs Act Robbery and Armed Bank Robbery, … More October 19-20, 2026, opinions
Designated for publication U.S. v. West, 22-11001, appeal from N.D. Tex. (denying panel reh’g but substituting new op.) per curiam (Elrod, Willett, Duncan), Willett, J., concurring; Duncan, J., concurring; criminal, sentencing, restitution, appeal waiver Vacating $6,000 restitution order as part of sentence for production of child pornography, and remanding for further proceedings; also, on Court’s … More May 21, 2025, opinions
Designated for publication Daves v. Dallas County, 18-11368, appeal from N.D. Tex. Southwick, J. (Southwick, Graves, Engelhardt), cash bail, § 1983, Equal Protection, Due Process, sovereign immunity, Ex Parte Young Affirming preliminary injunction against imposition of cash bail on indigent arrestees as unconstitutional, with modifications to injunction to not apply to criminal district court judges … More Take the Fifth: Dec. 26-31, 2020 opinions
