Designated for publication Higginbotham, J. (Higginbotham, Smith, Elrod), Smith, J., dissenting; criminal, sentencing, Armed Career Criminal Act, habeas corpus On defendant’s § 2255 motion, vacating sentence on conviction of possession of a firearm by a felon, and remanding for resentencing without the ACCA enhancement. On a 2011 charge for possession of a firearm by a … More December 5, 2023, opinions
Designated for publication Duncan, J. (Jones, Stewart, Duncan), personal tort Affirming dismissal of claims by plaintiffs who suffer from chronic Lyme disease against peer-reviewed medical journal arising from article published regarding new proposed treatment of Lyme disease; plaintiffs alleged that the article cast doubt on how to treat chronic Lyme disease and even whether the … More November 16, 2023, opinions
Designated for publication per curiam (Smith, Southwick, Higginson), criminal, sentencing, Armed Career Criminal Act Affirming 190-month sentence on conviction of possession of a firearm by a felon, as enhanced for under the Armed Career Criminal Act. Teh Court rejected the defendant’s argument that the facts of the prior convictions for purposes of the ACCA enhancement … More September 25, 2023, opinions
Designated for publication Jones, J. (Higginbotham, Jones, Oldham), Oldham, J., dissenting; habeas corpus, prosecutorial misconduct, ineffective assistance of counsel Reversing in part and affirming in part denial of § 2255 petition; reversing district court’s application of procedural bar to claim of breach of plea agreement by Assistant U.S. Attorneys, but affirming disposition of IAC claim. … More August 17, 2023, opinions
Designated for publication Jones, J. (Jones, Willett, Douglas), Douglas, J., dissenting; habeas corpus, ineffective assistance of counsel Affirming denial of petitioner’s § 2255 petition on IAC claim arising from trial counsel’s inadequate argument and appellate counsel’s lack of argument for “back time” credit on sentence for possession of a firearm by a felon to account … More August 16, 2023, opinions
Designated for publication Dennis, J. (Richman, Dennis, Haynes), qualified immunity, municipal liability Reversing qualified immunity summary judgment on plaintiff’s false arrest claim, but affirming summary judgment on excessive force claim and on municipal liability claim. As to the false arrest claim, the Court held that the arresting officer entered the curtilage of the plaintiff’s property … More August 15, 2023, opinions
Designated for publication Smith, J. (Smith, Clement, Wilson), immigration Granting motion to clarify and amend, withdrawing prior opinion and substituting new one, granting Mexican citizen’s petition for review of BIA order denying cancellation of removal and voluntary departure, vacating BIA order, and remanding for determination of whether petitioner’s conviction for a hit-and-run was a “crime … More May 4, 2023, opinions
Designated for publication Higginbotham, J. (Higginbotham, Duncan, Engelhardt), criminal, sentencing, Armed Career Criminal Act, habeas corpus, mootness Dismissing as moot appeal from denial of § 2255 petition challenging ACCA-enhanced sentence on prior conviction of being a felon in possession of ammunition, and affirming 15-year sentence enhanced by the ACCA upon revocation of supervised release and … More February 1, 2023, opinions
Unpublished per curiam (Smith, Barksdale, Haynes), criminal, sentencing, Armed Career Criminal Act Affirming 180-month sentence on conviction of being a felon in possession of a firearm, applying ACCA enhancement based on four prior Texas convictions for aggravated robbery with a deadly weapon. per curiam (Smith, Barksdale, Haynes), criminal, restitution Affirming restitution award for losses stemming … More December 16, 2022, opinions
Designated for publication per curiam (Dennis, Elrod, Ho), criminal, sentencing, Armed Career Criminal Act Affirming 180-month sentence on guilty plea conviction of being a felon in possession of a firearm, upholding the application of the ACCA and rejecting arguments that prior Mississippi burglary convictions were not crimes of violence for ACCA purposes and that convictions … More December 5, 2022, opinions
