Designated for publication Jones, J. (Jones, Barksdale, Ho), criminal Affirming conviction of illegal reentry, which resulted in surrender to immigration officials for deportation. The Court rejected the defendant’s argument that the district court had improperly shifted the burden to him to prove the invalidity of the waiver of rights regarding the underlying deportation rather than … More November 8, 2024, opinions
Designated for publication per curiam (voting against rehearing en banc: Elrod, Stewart, Southwick, Graves, Higginson, Engelhardt, Ramirez, JJ.; voting for rehearing en banc: Jones, Richman, Willett, Duncan, Oldham, Wilson, JJ.) (recused/not voting in en banc poll: Smith, Haynes, Ho, Douglas, JJ.); federal officer jurisdiction, en banc Denying en banc rehearing of May 29, 2024, panel … More November 1-5, 2024, opinions
Designated for publication per curiam (Jones, Ho, Wilson), Ho, J., concurring; criminal, sentencing On remand from the U.S. Supreme Court, affirming defendant’s conviction of being in possession of a firearm while subject to a domestic violence restraining order; and affirming sentence of 73 months to run consecutively with any state court sentence on pending charges. … More September 10-12, 2024, opinions
Designated for publication Willett, J. (Dennis, Willett, Duncan), Duncan, J., concurring; removal, appellate jurisdiction Dismissing for lack of appellate jurisdiction appeal from waiver-based remand order. “Edward Festeryga, an attorney embroiled in a dispute with his former law firm, wants this case heard in federal court and contends we have appellate jurisdiction over the district court’s … More July 25, 2024, opinions
Unpublished per curiam (Willett, Duncan, Ramirez), criminal, sentencing Affirming 37-month sentence on conviction of illegal reentry. per curiam (Elrod, Oldham, Wilson), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (Willett, Duncan, Ramirez), appellate jurisdiction Dismissing appeal from notice of intent for failure to prosecute and order denying motion to appoint counsel for … More May 9, 2024, opinions
Designated for publication Jolly, J. (Jolly, Smith, Haynes), Federal Tort Claims Act Reversing district court’s dismissal of former federal inmate’s FTCA claim arising from alleged assault by prison officials; rejecting premise that there may be a de minimis injury exception from tort liability; remanding for further proceedings. Dennis, J. (Dennis, Engelhardt, Oldham), Oldham, J., dubitante; … More April 24, 2024, opinions
Designated for publication per curiam (voting against en banc rehearing: Richman, Stewart, Southwick, Haynes, Graves, Higginson, Willett, Douglas, Ramirez; voting for en banc rehearing: Jones, Smith, Elrod, Ho, Duncan, Engelhardt, Oldham, Wilson); Willett, J., concurring in denial of en banc rehearing; Ho, J., dissenting from denial of en banc rehearing; Oldham, J., dissenting from denial … More April 16-22, 2024, opinions
Designated for publication Elrod, J. (joined by Richman, Jones, Smith, Stewart, Haynes, Higginson, Willett, Ho, Duncan, Engelhardt, Oldham, Douglas, Ramirez, JJ.) (Judges Southwick, Graves, and Wilson recused); Dennis, J., concurring in judgment only (joined by Higginson, Ramirez, JJ.); Ho, J., concurring (joined by Stewart, Elrod, Higginson, Ramirez, JJ.); mootness, appellate jurisdiction, standing In en banc … More April 1-2, 2024, opinions
Designated for publication Smith, J. (Higginbotham, Smith, Higginson), appellate jurisdiction Dismissing appeal of denial of motion for declaratory judgment as procedurally improper, holding that, as a matter of first impression, the Court does not have jurisdiction “to review a procedurally improper motion denied as such.” As part of consent settlement of an SEC enforcement action, … More March 19, 2024, opinions
Designated for publication Higginson, J. (Smith, Southwick, Higginson), insurance Reversing district court’s judgment denying declaratory relief to insurer that argued that the Louisiana Oilfield Anti-Indemnity Act invalidated coverage for contracts by insured to engage in “drill-and-blast” salt mining, under the Act’s applicability to activities comprising “drilling for minerals.” District court had not reached that question, … More March 18, 2024, opinions
