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 Southwick, J. (Dennis, Southwick, Engelhardt), criminal, sentencing Affirming 33-month sentence and conviction for possession of a firearm by a felon, holding that the district court acted appropriately in accepting the Sentencing Guidelines’ commentary defining “large capacity magazine” and that the underlying criminal statute is not unconstitutional; but vacating imposition of discretionary terms … More October 15, 2024, opinions
Designated for publication Smith, J. (joined by Jones, Stewart, Southwick, Higginson, Willett, Ho, Duncan, Engelhardt, Oldham, Wilson, Ramirez, JJ.); Haynes, J., concurring in judgment only; Richman, C.J., dissenting (joined by Elrod, Graves, Douglas, JJ.); criminal, sufficiency of evidence, Miranda rights, due process On en banc rehearing of panel opinion that had reversed on the basis … More June 5-7, 2024, opinions
Designated for publication Jones, J. (Jones, Stewart, Duncan), breach of contract, fraudulent inducement Reversing judgment and $1.6 billion in combined compensatory and punitive damages in favor of plaintiff on breach of contract and fraudulent inducement claims, holding that liability determination was in error. The Court held that IBM’s actions in replacing BMC mainframe software on … More April 30, 2024, opinions
Unpublished per curiam (King, Haynes, Graves), criminal Granting Anders motion to withdraw, and dismissing appeal. per curiam (King, Haynes, Graves), criminal, sentencing Affirming 88-month sentence on conviction of conspiracy to distribute and to possess with intent to distribute a controlled substance. per curiam (King, Ho, Engelhardt), attorney discipline Remanding order of nine-month extension of suspension … More March 25, 2024, opinions
Unpublished per curiam (Wiener, Willett, Douglas), criminal, sentencing Affirming 110-month sentence on conviction of possession of a firearm by a felon in connection with a drug trafficking offense. per curiam (Willett, Duncan, Douglas), criminal, sentencing Affirming sentence on conviction of conspiracy to possess with intent to distribute cocaine; possession of cocaine with intent to distribute … More November 6, 2023, opinions
Designated for publication per curiam (Smith, Higginson, Willett), attorney discipline Affirming three-judge district court panel’s decision imposing a 12-month suspension from practice in front of that court after substance-abuse-related inappropriate courtroom behavior and failures to show up for clients’ sentencing hearings. The Court rejected the attorney’s argument that only the presiding judge can impose sanctions … More August 11-14, 2023, opinions
Designated for publication Higginson, J. (Clement, Graves, Higginson), breach of contract, mootness Affirming district court’s affirmance of bankruptcy court’s denial of motion to assume an executory contract, upholding finding that there was insufficient evidence in the record to show that, under Texas law, there was sufficient identification of the property or an offer or acceptance … More May 3, 2023, opinions
Designated for publication Willett, J. (Stewart, Willett, Oldham), attorney discipline Granting petition for panel rehearing; withdrawing opinion from November 29, 2022, that had reversed in part, affirmed in part, and remanded from en banc district court’s order of a one-year ban from practice in front of the Eastern District of Louisiana for attorney in BP Deepwater Horizon … More February 3, 2023, opinions
Designated for publication Willett, J. (Graves, Willett, Engelhardt), breach of contract In adversary suit in PetroQuest bankruptcy, affirming summary judgment issued by bankruptcy court and affirmed by district court that Sanare did acquire an offshore mineral lease, wells on that lease, and a platform from which those wells were operated, under the terms of a … More November 29, 2022, opinions
